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UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 


SCHOOL  OF  LAW 
LIBRARY 


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PRECEDENTS, 


OR 


I'ltACTICAL  FOMIS  l\  ACTIONS  AT  LAW 


IN    THE 


sijpreme  court  of  the  state  of  n.  vorr, 


ADAPTED    TO    THE 


CODE  AND  RULES  OF  1852; 


WITH    THE 


FORMS  IN  PROCEEDINGS  AGAINST  SHIPS  &  VESSELS ;  PARTITION  OF  INF.\NTr 

ESTATE;  SALE  OF  INFANTS' ESTATE ;  ADMEASUREMENT  OF  DOWER; 

FORECLOSURE  BY  ADVERTISEMENT;    DETERMNATION 

OF  CLAIMS  TO  REAL  ESTATE  AND  APPEALS 

FROM   SURROGATES'    COURTS. 


BY    H,    S.    McCALL, 

COUNSELLOR    AT    LAW. 


ALBANY: 
GOULD,  BANKS  &  CO.,  475  BROADWAY. 

NEW  YORK : 

BANKS,  GOULD  &  CO.,  144  NASSAU  STREET. 
1852. 


Entered  according  to  Act  of  Congress,  in  the  year  one  tliousand  eight  hun- 
dred and  fifty-two, 

BY  GOULD,  BANKS  &  CO., 

In  the  Clerk's  OfBce  of  the  District  Court  of  the  Northern  District  of 

New  York. 


M 


H.    H.     VAN    DYCK,    LAW    PRINTER,    ALBANY. 


TO 

THE  HON.  IRA  HARRIS,  LL.  I).. 

AS    A 

TESTIMONY  OF  RESPECT  FOR  HIS  TALENTS, 

AND    AN 

AOKNOWLEDDMENT  OF  THE  GREAT  OBLIGATIONS 

WHICH   HIS    KINDNESS   AND   FRIENDSHIP 

HAVE  CONFERRED  ON  THE  YOUNGER  MEMBERS 

OF    OUR    PROFESSION, 

THIS  WORK 

IS  MOST  RESPECTFULLY 

INSCRIBED 


687516 


CONTENTS 


Page. 

Acknowledgment,   1 

Affi'lavits, I 

Assignment, 35 

Attachment, 85' 

Bill  of  particulars, 39 

Bond, 40 

Case, 50 

Certificate, 52 

Deed, 57 

Exceptions, 48 

Exoneretur, 60 

Execution, 60 

Habeas  Corpus, 67 

Injunction, 68 

Interrogatories 70' 

Judgment, 71 

Mandamus, 92. 

Ne  Exeat, 93 

Note  of  issue,  94 

Notice,  95 

Order, 121 

Oath, 152 

Petition, 153 

Pleadings, 156 

Report, 215 


▼i  CONTENTS. 

Pasre. 

Return, 282 

Satisfaction  Piece, 238 

Sheriff's  Receipts, 239 

Subpoena  and  Tickets, 240 

Summons  for  Witnesses, 244 

Stipulation, 245 

Summons  in  Actions 245 

Substitution, 248 

Undertaking, 248 

Waiver, 256 

Warrant, 256 

Writ, 259 

Proceedings  against  Ships  and  Vessels, 260 

for  Partition  of  Infants'  Estate, 265 

for  Sale  of  Infants'  Estate, 273 

in  Foreclosure  by  Advertisement, 282 

in  admeasurement  of  Dower, 286 

to  determine  Claims  to  Real  Estate, 291 

in  Appeals  from  Surrogate's  Court, ,  294 


PREFACE. 


The  numerous  works  upon  Practice  and  Pleadings  which 
have  been  published  since  the  passage  of  the  Code  in  1848, 
would  seem,  at  first  view,  to  more  than  satisfy  the  demands 
of  the  profession,  and  forbid  the  hope  that  any  new  work 
upon  the  subject  could  obtain  the  public  favor.  But  when 
one  rellects,  how  changing  our  practice  has  been,  it  will 
immediately  occur  to  him,  that  all  such  works  must  be 
ephemeral  in  their  nature,  and  that  those  first  published 
must  have  become  in  many  respects  obsolete,  and  in  others 
destitute  of  much  of  that  information  which  the  practitioner 
needs. 

The  system  of  practice  which  the  Code  abolished  was 
the  growth  of  years  ;  many  of  its  rules  and  precedents  had 
existed  for  over  a  century,  and  the  Statute  which  abolished 
the  forms  of  all  actions  and  suits  then  existing,  deprived 
the  practitioners  of  those  sure  and  safe  guides  by  which 
they  had  been  accustomed  to  conduct  their  proceedings. 
To  rebuild  a  system  complete  in  all  its  parts  cannot  be  the 
work  of  a  day.  Years  must  be  spent  and  many  minds  em- 
ployed before  it  will  become  one  consistent,  perfect  whole. 
But  that  such  a  system  will  be  perfected  in  our  State  no 


Tiii  PREFACE. 

one  can  doubt  who  is  accquainted  with  the  labor,  energy, 
and  perseverence  of  the  members  of  the  legal  profession. 
Minds  schooled  in  our  former  system  of  practice  never  will 
be  satisfied  with  the  present,  till  it  has  acquired  all  the 
improvement  that  learning  and  talents  can  give. 

Learned  and  extensive  disquisitions  upon  the  theory  and 
practice  of  our  Courts  never  have  and  never  will  fully 
satisfy  the  demands  of  the  profession.  The  experience  of 
every  legal  practitioner  bears  witness  to  the  convenience 
of  having  at  hand  a  work  of  approved  precedents  in  all  the 
more  common  forms  of  pleadings  and  process  which  are  in 
daily  use. 

To  provide  a  set  of  forms  for  every  emergency  would  be 
impossible.  To  provide  those  which  are  in  constant  use  in 
the  hands  of  every  practitioner,  is  the  design  of  the  present 
work;  and  it  is  believed  that  most,  if  not  all  of  them,  will 
be  found  in  the  following  pages. 

In  addition  to  the  forms  in  ordinary  actions,  precedents 
have  been  added  in  the  more  common  of  the  various  special 
proceedings,  believing  that  they  would  not  be  unacceptable 
to  great  numbers  of  the  profession. 

Albany,  August,  1852. 


PRACTICAL  FORMS. 


-*-••-•- 


[  No.  1.  ] 
Acknowledgment  of  undertalcing. 

(City  and)  County  of  Albany,  ss  :     On  this  day  of 

personally  came  before  me  the  within  named  A.  B. 

and  C.  D.,  to  me  known  to  be  the  persons  described  in  and 

who  executed  the  within  (or  foregoing)  undertaking,  and 

severally  acknowledged  the  execution  thereof. 

E.  F., 
Commissioner  of  Deeds.- 


[  No.  2.  ] 

Justification  of  sureties  in  an  undertaking. 

(City  and)  County  of  Albany,  ss :  A.  B.,  of  the  city  of 
Albany,  and  C.  D.,  of  the  same  place,  being  each  duly 
sworn,  does  each  for  himself  severally  say  that  he  is  a  resi- 
dent and  freeholder  (or  householder)  within  this  State,  and 
is  worth  the  sum  of  hundred  dollars,  over  and  above 

all  debts  and  responsibilities  he  owes  or  has  incurred. 

A.  B. 
C.  D. 
Severally  sworn  before  me 
this  day  of  1851. 

G.  H.,  Com.  of  Deeds. 
1 


2  PRACTICAL  FORMS. 

[  No.  3.  ] 

Proof  of  service  of  sianmons  and  complaint. 

(City  and)  County  of  Albany,  ss  :  A.  13.,  of  the  city  of 
Albany,  being  sn-orn,  says  that  on  the  fourteenth  instant 
he  served  the  within  summons  and  complaint  in  the  town  of 
Bethlehem,  on  the  within  named  C.  D.,  to  him  known  to  be 
the  person  mentioned  and  described  in  the  summons,  as  de- 
fendant therein ;  and  that  he  left  with  the  defendant  such 
copy  as  well  as  delivered  it  to  him. 

A.  B. 

Sworn,  &c. 


[  No.  4.  j 

Affidavit  to  complaint,  answer  or  reply. 

(City  and)  County  of  Albany,  ss  :  A.  B.,  the  plaintiff, 
(or  one  of  the  plaintiffs,)  or  (the  defendants,  or  one  of  the 
defendants,)  being  sworn,  says,  the  foregoing  complaint  (or 
answer,  or  reply,)  is  true  of  his  own  knowledge,  except  as 
to  the  matters  which  are  therein  stated  on  his  information 
and  belief,  and  as  to  those  matters  he  believes  it  to  be  true. 

A.  B. 

Sworn,  &c. 


[  No.  5.  ] 

Jlffidavit  to  petition. 

(City  and)  County  of  Albany,  ss  :     On  this  day 

of  before  me  personally  came   A.  B.,  to  me  known 

to  be  the  person  described  in,  and  who  signed  the  foregoing 
petition  ;  who,  being  by  me  sworn,  did  say,  that  he  has  read 
(or  heard  read)  the  foregoing  petition  by  him  subscribed,  and 
knows  the  contents  thereof,  and  that  the  same  is  true  of  his 


PRACTICAL  FORMS.  3 

own  knowledge,  except  as  to  the  matters  which  are  therein 
stated  to  be  on  his  information  or  belief,  and  as  to  those  mat- 
ters, he  believes  it  to  be  true. 

C.  D., 

Com.  of  Deeds. 


[  No.  6.  ] 

Jljfidavit  of  service  of  notice  of  motion. 

County  of  Columbia,  ss  :     A.  B.,  of  the  town  of  Kinder- 
hook,  in  said  county,  being  duly  sworn,  says,  that   on   the 
day  of  instant,  this  deponent  served  upon 

C.  D.,  Esq.,  attorney  for  the  within  named  plaintilT,  (or  de- 
fendant,) copies  of  the  within  affidavits,  and  a  notice  of 
motion,  of  which  the  within  is  a  copy,  by  delivering  the 
same  to  him  personally,  (or  by  leaving  the  same  in  the  office 
of  the  said  C.  D.,  with  a  person  having  charge  thereof;  or 
by  leaving  the  same  in  the  office  of  the  said  C.  D.,  between 
the  hours  of  six  in  the  morning  and  nine  in  the  evening,  in 
a  conspicuous  place  in  the  office  of  the  said  C.  D.,  there 
being  no  person  therein ;  or  by  putting  the  same  in  the  post 
office  at  Kinderhook,  properly  enclosed  in  an  envelope, 
directed  to  the  said  C.  D.  at  Albany,  his  residence,  and 
paying  the  postage  thereon.) 

A.  B. 

Sworn,  &c. 


[  No.  7.  j 

Affidavit  to  attach  sJieriff.for  not  returning  execution. 

Supreme  Court. 

A.  B. 

agt. 

C.  D. 

(City  and)  County  of  Albany,  ss :     G.  H.  being  sworn, 

says,  he  is  attorney  for  plaintiffs  in  this  action ;  that  the 

judgment   roll  was  filed   in   the   clerk's   office,  in  Albany 


4  PRACTICAL  FORMS. 

county,  on  the  day  of  ,  1850,  for  five  hun- 

dred dollars  damages  and  costs,  and  execution  in  due  form 
duly   issued   therefor  on   the  day  of  1850, 

and  received  by  the  sheriff  of  the  said  county  of  Albany  on 
the  day  of  ,  1850;  that  deponent  has  en- 

quired at  the  Albany  county  clerk's  office  for  said  execution, 
and  the  same  has  not  been  returned,  as  therein  commanded 
and  directed,  although  sufficient  time  has  elapsed  therefor; 
nor  has  anything  been  paid  thereon  to  the  plaintiff  herein, 
or  to  this  deponent,  and  the  whole  judgment  remains  due 
and  unpaid,  and  said  sheriff  is  in  default. 

G..  H. 
Sworn,  &c. 


[  No.  8.  j 

Affidavit  to  ohtain  copy  papers. 

(Title  of  action.) 

New-York  City  and  County,  ss:  A.  B.,  being  sworn, 
says,  he  is  the  defendant  (or  the  plaintiff)  in  this  action,  and 
C.  D.,  Esq.,  of  Albany,  is  his  attorney ;  that  this  is  an 
action  of  assumpsit,  founded  upon  an  alleged  contract  (or 
whatever  the  subject  of  the  action  may  be)  made  on  or 
about  the  9th  day  of  August,  1849,  between  the  said  plain- 
tiff and  defendant ;  that  said  contract  is  in  writing  (or  certain 
papers  in  writing,  particularly  describing  them,)  relating  to 
the  merits  and  defence  (or  prosecution)  of  this  action,  and 
in  the  possession  of  or  under  the  control  of  said  plaintiff, 
(or  said  defendant,)  and  not  in  the  possession  of  or  under 
the  control  of  this  defendant  (or  this  plaintiff);  and  this 
deponent  is  advised  by  his  counsel,  and  verily  believes, 
that  the  discovery  of  the  said  contract  in  writing  (or  said 
papers)  is  necessary  to  enable  this  defendant  to  prepare  his 
answer,  (or  for  trial,)  or  (this  plaintiff  to  prepare  his  com- 
plaint, or  reply  ;  or  for  trial  in  this  action.) 


A.  B. 


Sworn,  &c. 


PRACTICAL  FORMS.  g 

[  No.  9.  J 

Affidavit  of  merits. 

(Title  of  the  action.) 

County  of  Greene,  ss  :  G.  H.,  the  defendant,  (or  one  of 
the  defendants)  in  the  above  entitled  action,  being  duly 
sworn,  doth  depose  and  say,  that  he  has  fully  and  fairly  sta- 
ted this  case  to  A.  B.,  Esquire,  of  the  city  of  Hudson,  de- 
fendant's counsel  in  this  cause,  and  that  the  defendant  has  a 
good  and  substantial  defence  on  the  merits  in  this  action,  as 
he  is  advised  by  his  said  counsel,  and  verily  believes. 

G.  H. 

Sworn,  &c. 


[  No.  10.  ] 
Affidavit  of  copy  account  furnished. 

(Title  of  the  action.) 

(City  and)  County  of  Albany,  ss  :  G.  H.,  the  plaintiff,  (or 
the  defendant)  being  sworn,  says,  he  believes  the  annexed 
to  be  a  true  copy  of  the  plaintiff's  demand  (or  the  defend- 
ant's set  off,  or  counter  claim)  in  this  action. 

G.  H. 

Sworn,  &c. 


[  No.  11.  ] 

Affidavit  to  move  for  judgment^  as  in  case  of  nonsuit. 

(Title  of  the  action.) 

City  and  County  of  Albany,  ss.  A.  B.,  the  attorney  for 
the  defendant  in  this  action,  being  duly  sworn,  says,  that 
the  place  of  trial  in  this  action  is  the  county  of  Albany  ; 
that  issue  was  joined  in  this  cause  on  the  14th  day  of  De- 
cember last  past ;  that  a  circuit  court  was  held   at  the  City 


Q  PRACTICAL  FORMS. 

Hall,  in  the  city  of  Albany,  in  and  for  the  said  county,  on 
the  fifth  day  of  July  last  past,  and  that  the  said  plaintiff  did 
not  notice  the  said  action  for  trial  (or  having  noticed  the 
said  action  for  trial,  did  not  proceed  and  try  the  same)  at 
the  said  circuit  court,  according  to  the  practice  of  this  court ; 
and  that  this  action  has  not  been  noticed  for  trial  by  the  de 
fendant ;  and  deponent  further  says,  that  issues  of  a  later 
date  were,  in  the  regular  order  of  the  calendar,  tried  at  the 
said  circuit  court. 

A.  B. 
Sworn,  &c. 


[  No.  12.  ] 

Affidavit  to  move  for  judgment  as  in  case  of  non  pros. 

(Title  of  the  action.) 

Onondaga  County,  ss :  G.  H.,  the  defendant's  attorney 
being  sworn,  says  this  action  was  commenced  by  personal 
service  of  a  summons  on  the  12th  day  of  November,  1850, 
as  he  is  informed  and  believes,  a  copy  of  which  is  hereto 
annexed  ;  that  a  notice  of  retainer  and  demand  of  a  copy  of 
complaint  was  served  on  the  attorney  for  the  plaintiff  in 
this  action,  on  the  20th  day  of  the  same  month  ;  and  no 
copy  complaint  has  been  served  to  the  knowledge  or  belief 
of  deponent. 

G.  H. 

Sworn,  &c. 


[  No.  13.  ] 
Affidavit  to  move  for  a  commission. 

(Title  of  the  action.) 

Albany  City  and  county,  ss :     J.  H.,  the  plaintiff  (or  one 
of  the  plaintiffs)  in  this  action,  being  sworn,  says,  that  issue 


PRACTICAL  FORMS.  7 

was  joined  in  this  action  on  the  12th  day  of  September,  1851 ; 
and  he  further  says  that  he  has  fully  and  fairly  stated  the 
case  in  this  action  to  A.  B.,  Esq.,  his  counsel,  herein,  who 
resides  in  said  city  ;  and  has  fully  and  fairly  stated  and  dis- 
closed to  his  said  counsel  the  facts  which  he  expects  to 
prove  by  C.  D.,  a  witness  for  the  plaintiffs,  and  deponent 
says  that  said  C.  D.  is  a  material  witness  for  the  plaintiff  in 
this  action,  as  he  is  advised  by  his  said  counsel,  after  such 
statement  of  his  case  as  aforesaid,  and  verily  believes  that 
without  the  benefit  of  the  testimony  of  the  said  C.  D.,  he 
cannot  safely  proceed  to  the  trial  of  this  action,  as  he  is 
also  advised  by  his  said  counsel,  and  verily  believes;  and 
deponent  further  says,  that  the  said  C.  D.  does  not  reside 
within  this  state,  but  resides  in  Havana,  on  the  Island  of 
Cuba. 

J.  H. 
Sworn,  &c. 


[  No.  14.  J 
Affidavit  of  agent  who  delivers  commission. 

City  and  County  of  Albany,  ss :  L.  M.,  of  the  city  of 
Havana,  in  the  Island  of  Cuba,  being  sworn,  says,  the  en- 
closed packet  now  by  him  delivered  to  P.  R.,  Esquire,  clerk 
of  the  county  of  Albany,  to  the  said  clerk  directed,  and  to 
be  by  him  opened,  was  received  by  this  deponent  on  the 
16th  day  of  July  last  past,  from  the  hands  of  0.  W.,  of  the 
city  of  Havana  aforesaid,  a  commissioner,  as  this  deponent 
is  informed  and  believes,  named  in  the  commission  in  the 
within  packet ;  and  this  deponent  further  says,  that  the  said 
packet  has  not  been  opened  or  altered  since  he  received  it 
from  the  said  0.  W. 

L.  M. 

Sworn,  &c. 


Q  PRACTICAL  FORMS. 

[  No.  15.  ] 
Affidavit  of  defendants  default. 

(Title  of  the  action.) 

Essex  County,  ss :  L.  W.  being  sworn,  says,  he  is  the 
attorney  for  the  plaintiff  in  this  action,  and  that  no  answer 
or  demurrer  has  been  received  in  this  action. 

L.  W. 

Sworn,  &c. 


[  No.  16.  ] 

Affidavit  of  disbursements. 

(Title  of  action.) 

Essex  County,  ss :  L.  W.  being  sworn,  says,  he  is  the 
attorney  for  the  plaintiff  (or  defendant)  herein,  and  that  the 
disbursements  above  mentioned  have  been  made  or  incurred 
in  this  action. 

L.  W.  . 

Sworn,  &c. 


[  No.  17.  ] 

Affidavit  to  obtain  order  to  fie  pleadings. 

(Title  of  the  action.) 

County  of  Greene,  ss:  A.  B.,  the  defendant's  attorney, 
being  sworn,  says,  that  the  summons  and  complaint  (and 
reply)  were  served  in  this  action  more  than  ten  days  since, 
and  that  this  deponent  has  made  enquiries  at  the  clerk's 
office  of  the  county  of  Greene,  the  county  in  which  the  trial 
of  this  action  is  laid,  and  that  said  summons  and  complaint 
(and  reply)  have  not  been  filed  in  said  office. 

A.  B. 

Sworn,  &c. 


,     PRACTICAL'  FORMS.  g 

[  No.  18.   ] 

Affidavit  to  put  off  trial  on  account  of  plaintiff  h  act  in  the 

premises. 

(Title  of  the  action.) 

Orleans  County,  ss:  B.  F.  being  duly  sworn,  says,  he  is 
the  defendant  in  this  action,  and  that  he  has  fully  and  fairly 
stated  the  case  in  this  action  to  A.  S.,  his  counsel  in  this 
action,  who  resides  in  Medina,  in  said  county;  and  that  he 
has  a  good  and  substantial  defence  upon  the  merits  thereof, 
as  he  is  advised  by  his  said  counsel,  and  verily  believes  to 
be  true.  This  deponent  further  says,  that  issue  has  been 
joined  in  this  action,  and  that  the  plaintiff  has  noticed  the 
same  for  trial  at  the  April  term  of  this  court,  to  be  held  in 
the  county  of  Orleans.  This  deponent  further  says,  that 
since  the  said  plaintiff  noticed  this  action  for  trial,  and  while 
this  deponent  was  preparing  for  the  trial  thereof,  the  said 
plaintiff  in  this  action  being  also  plaintiff  in  another  action, 
in  which  the  place  of  trial  is  the  county  of  Albany,  has 
subpoenaed  this  deponent  and  paid  him  his  fees  to  attend 
the  same  ;  that  said  second  suit  is  noticed  for  the  same  time 
as  the  first  suit;  and  that  owing  to  the  sickness  of  depo- 
nent's counsel  in  the  first  mentioned  action,  it  is  absolutely 
necessary  that  this  deponent  should  be  present  at  the  trial 
thereof,  but  that  he  will  be  unable  to  be  present  at  the 
court  to  be  held  in  the  county  of  Orleans,  and  also  obey  the 
said  summons  requiring  his  presence  in  the  county  of  Albany. 

B.  F. 

Sworn,  &c. 


[  No.  19.  ] 

Jiffdavit  to  put  off  trial  on  account  of  witness. 

(Title  of  the  cause.) 

Albany  City  and  County,  ss  :     G.  H.,  the  plaintiff  (or  de- 
fendant) in  this  action,  being  sworn,  says,  that  issue  has  been 


10 


PRACTICAL  FORMS. 


joined  in  this  action,  and  the  same  duly  noticed  for  trial  at 
the  present  circuit,  and  is  now  on  the  calendar  of  this  court 
for  trial.     And  deponent  further  says,  that  since  this  cause 
was  noticed  for  trial,  L.  M.,  one   of  the  witnesses  on  the 
part  of  this  plaintitf,  (or  defendant,)  who  resides  at  New- 
York,  was  on  the  10th  day  of  March  last  past,  duly  subpoe- 
naed to  attend  the  trial  of  this  action,  but  that  since  the  ser- 
vice of  the  said  subpcEna  the  said  L.  M.  has  become  seriously 
ill,  and  is  now  wholly  unable  to  attend   this  court,  or  be 
present  at  the  trial  of  this  action  in  its  order  on  the  calen- 
dar.    And  deponent  further  says,  that  he  has  stated  this 
case,  and  the  facts  which  he  expects  to  prove  by  the   said 
L.  M.,  to  D.  C,  his  counsel  in  this  action,  who  resides  in 
the  city  of  Albany,  and  that  without  the  benefit  of  the  tes- 
timony of  the  said  L.  M.,  he  cannot  safely  proceed  to  trial, 
as  he  is  advised  by  his  said  counsel,  and  verily  believes. 
And  this  deponent  further  says,  that  he  has  been  informed 
by  R.  S.,  the  physician  attending  the  said  L.  M.,  and  verily 
believes,  that  the  said  witness  will  be  able   to  attend  this 
court  by  the  time  of  the   next  term   of  the  circuit  of  this 
court,  in  this  county. 

G.  H. 

Sworn,  &.C. 


[  No.  20.  j 
Affidavit  on  claim  of  delivery  of  personal  property. 

Erie  County,  ss  :  G.  W.,  being  sworn,  says,  that  he  is 
the  plaintiff  (or  one  of  the  plaintiffs)  in  an  action  about  to 
be  commenced,  for  the  wrongful  (taking  and)  detention  of 
the  property  hereinafter  mentioned  and  described,  and  that 
he,  the  deponent,  (with  S.  H.,  are)  is  now  the  owner  of  the 
property,  goods  and  chattels  herein  named  and  mentioned, 
(here  describe  the  goods  particularly,  and  where  they  are  as 
near  as  may  be.)  That  the  said  goods  (were  wrongfully  ta- 
ken and)  are  wrongfully  detained  from  the  said  plaintiff. 


PRACTICAL  FORMS.  ^  I 

that  the  alleged  cause  of  detention  is  that  said  goods  were 
sold  to  one  L.  M.,  (or  whatever  the  cause  of  detention  may 
be.) 

And  this  deponent  further  says  that  the  value  of  the  said 
goods  is  about  five  hundred  dollars. 

And  this  deponent  further  says,  that  the  said  property  has 
not  been  taken  for  a  tax,  assessment  or  fine,  pursuant  to  any 
statute,  or  seized  under  an  execution,  or  attachment  against 
the  property  of  the  plaintiffs.  G.  W. 

Sworn,  &c. 


[  No.  21.  ] 

Affidavit  of  filing  notices  of  pendency  of  action  in  foreclosure  suit. 

(Title  of  the  action.) 

Albany  (City  and)  County,  ss  :  R.  B.,  of  the  city  of  Al- 
bany, being  sworn,  says,  that  he  is  the  attorney  for  the 
plaintiff  in  this  action;  that  said  action  was  commenced  to 
foreclose  a  mortgage;  that  the  summons  and  complaint  was 
served  on  A.  B.,  the  defendant,  and  the  summons  and  no- 
tice, a  copy  of  which  is  hereto  annexed,  on  all  the  other 
defendants  herein  on  or  before  the  seventh  day  of  April 
last  past,  as  appears  by  the  proof  of  said  service,  and  that 
more  than  twenty  days  since  a  notice  of  the  pendency  of 
this  action,  of  which  the  annexed  is  a  copy,  was  filed  in  the 
office  of  the  clerk  of  Albany  county,  in  which  county  said 
mortgaged  premises  are  situated,  which  notice  contained 
the  names  of  the  parties  to  this  action  and  the  object  of  the 
same ;  the  date  of  the  said  mortgage,  and  the  names  of  the 
persons  by  whom  and  to  whom  said  mortgage  was  executed  ; 
the  time  when,  and  the  office  in  which  said  mortgage  was 
recorded ;  a  description  of  the  land  mortgaged  as  set  forth 
in  said  mortgage,  and  showing  the  town  (and  village  or 
ward,)  and  county  in  which  said  mortgaged  premises  were 
situated  at  the  time  when  this  action  was  commenced. 

R.  B. 

Sworn,  &c. 


12  PRACTICAL  FORMS. 

[   No.  22.    ] 

Jiffi  davit  to  obtain  a  reference  in  a  foreclosure  action. 

(Title  of  action.) 

Albany  City  and  county,  ss:  R.  B.,  the  plaintiff's  attor- 
ney in  this  action,  being  sworn,  says,  that  this  action  was 
commenced  to  foreclose  a  mortgage ;  that  none  of  the  said 
defendants  are  absentees,  and  that  none  of  said  defendants 
have  appeared  in  this  action,  except  A.  B.  by  C.  D.,  his 
attorney,  and  G.  F.  by  J.  K.,  his  guardian  ad  litem,  that 
there  are  no  infant  defendants,  except  the  said  G.  F.  And 
this  deponent  further  says,  that  he  has  made  the  necessary 
inquiries  to  ascertain  the  location  of  the  premises  described 
in  the  said  mortgage,  and  the  town  (or  ward  and  city)  and 
county  in  which  said  premises,  and  every  part  thereof  were 
situated  at  the  time  of  the  commencement  of  this  action,  and 
of  the  filing  of  the  notice  (a  copy  of  which  is  hereto  an- 
nexed) in  the  clerk's  office  of  the  county  of  Albany,  and 
that  the  particulars  stated  in  the  notice  are  correctly  and 
truly  stated  therein  as  they  existed  at  the  time  of  filing  said 
notice;  and  that  since  the  filing  of  said  notice,  the  complaint 
in  this  action  has  not  been  amended  by  making  a  new 
party  to  the  action,  or  so  as  to  affect  other  property  not  de- 
scribed and  set  forth  in  the  original  complaint,  or  so  as  to 
extend  the  claims  of  the  plaintiff  against  the  mortgaged 
premises. 

R.  B. 

Sworn,  &c. 


[  No.  23.  ] 

Affidavit  to  obtain  surplus  in  a  foreclosure  action. 

(Title  of  action.) 

A.  B.,  one  of  the  defendants  in  this  action,  being  sworn, 
says,  this  action  was  commenced  to  foreclose  a  mortgage ; 
that  judgment  has  been  entered  in  said  action,  as  this  de- 


PRACTICAL  FOKMS.  13 

ponent  is  informed  and  believes,  and  that  a  sale  has  been 
made  of  the  said  premises  under  the  direction  of  this  court, 
and  tliiit  the  claim  of  the  plaintiff  in  this  action  has  been 
paid,  and  that  there  remains  a  balance  over  and  above  the 
money  due  on  said  mortgage  and  costs  of  this  action,  which 
has  been  brought  into  this  court  subject  to  the  order  thereof. 
This  deponent  further  says  that  he  has  a  claim  on  the  said 
surplus  money,  amounting  to  one  hundred  dollars;  that  said 
claim  consists  of  a  judgment  obtained  in  this  court  on  the 
seventh  day  of  July,  1851,  against  L.  M.,  then  the  owner 
in  fee  of  the  premises  described  in  the  said  mortgage,  which 
this  action  is  brought  to  foreclose. 

A.  B. 

Sworn,  &c. 


[  No.  24.  J 

Affidavit  of  service  of  a  judge's  order. 

Erie  County,  ss:  B.  A.  being  sworn,  says,  that  on  the 
fourth  day  of  October,  1851,  in  the  city  of  Buffalo,  he  per- 
sonally served  the  within  order  upon  each  of  the  persons 
therein  named,  to  wit,  R.  N.  and  S.  H.,  by  delivering  to, 
and  leaving  with  each,  a  copy  of  said  order,  and  at  the  same 
time  showing  each  the  original  order. 

B.  A. 

Sworn,  &c. 


[  No.  25.  ] 
Affidavit  to  change  place  of  trial. 

(Title  of  action.) 

Albany  City  and  County,  ss:  A.  B.,  the  defendant  in  the 
above  entitled  action,  being  sworn,  deposes  and  says,  that 
he  has  fully  and  fairly  stated  to  C.  D.,  Esquire,  of  the  city 


14 


PRACTICAL  FORMS. 


of  Albany,  a  counsellor  of  this  court,  and  counsel  for  the 
defendant  in  this  action,  the  case  and  the  grounds  of  defence 
in  this  action,  and  that  the  defendant  has  a  good  and  sub- 
stantial defence  therein  upon  the  merits,  as  he  is  advised  by 
the  counsel  above  named,  and  believes  to  be  true.  And  this 
deponent  further  says,  that  issue  is  joined  in  this  action, 
and  that  the  place  of  trial  is  laid  in  the  county  of  New-York. 

And  this  deponent  further  says,  that  he  has  stated  to  the 
counsel  above  named  the  facts  he  expects  to  prove  by  each 
and  everyone  of  the  witnesses  hereinafter  named;  and  that 
L.  M.,  J.  G.,  H.  D.,  and  B.  B.,  all  of  the  city  of  Albany, 
are,  (and  each  and  every  one  of  them  is,  a)  material  witnesses 
for  the  defendant  on  the  trial  of  this  action,  as  he  is  advised 
by  the  said  counsel,  and  believes  to  be  true  ;  and  that  with- 
out the  testimony  of  each  and  every  one  of  the  witnesses 
above  named,  the  defendant  cannot  safely  proceed  to  the 
trial  of  this  action,  as  he  is  also  advised  by  the  said  coun- 
sel, and  verily  believes  to  be  true. 

And  this  deponent  further  says,  that  this  action  is  brought 
to  recover  a  demand  for  work,  labor  and  services  (or  what- 
ever the  cause  may  be),  and  the  whole  cause  of  action  arose 
in  the  city  and  county  of  Albany,  and  not  in  the  city  of 
New-York,  and  that  none  of  the  facts  at  issue  in  this  action 
took  place  in  New-York,  but  all  the  said  actions,  if  done  or 
transpired,  as  stated  in  said  complaint  (and  reply,)  were 
performed  in  said  city  of  Albany,  and  not  in  New-York. 

And  this  deponent  further  says,  that  he  expects  to  prove 

by  (here,  if  advisable,  state  the  facts  to  be  proved  by  each 

witness.) 

A.  B. 
Sworn,  &c. 


[  No.  26.  j 

Affidavit  to  petition  for  discovery  of  books  and  papers. 

Greene  County,  ss:     S.  H.,  the  petitioner  above  named, 
being  sworn,  says,  that  he  has  read  the  above  petition,  by 


PRACTICAL  FORMS.  15 

him  subscribed,  and  knows  the  contents  thereof,  and  that 
the  same  is  true,  in  substance  and  in  fact,  to  his  best  know- 
ledge and  belief.  And  deponent  further  says,  that  the  pa- 
pers, whereof  a  discovery  and  production  are  sought  by  the 
said  petition,  are  not  in  his  possession  nor  under  his  control. 
And  deponent  further  says,  that  he  has  fully  and  fairly  sta- 
ted this  case  to  his  counsel,  A.  B.,  who  resides  in  the  vil- 
lage of  Athens,  in  said  county,  and  that  the  discovery  of 
the  said  paper  writing  is  necessary  to  enable  this  deponent 
to  prepare  for  the  trial  (or  his  complaint  or  answer,)  of  the 
issue  mentioned  in  said  petition,  as  he  is  advised  by  his 
said  counsel,  and  verily  believes. 

S.  H. 

Sworn,  &c. 


[  No.  27.  ] 

Affidavit  to  obtain  further  bill  of  particulars. 

Columbia  County,  ss  :  H.  M.,  the  attorney  for  the  plain- 
tiff, (or  defendant)  being  sworn,  says,  that  on  the  first  day 
of  August,  inst.,  he  caused  a  demand  of  a  bill  of  particulars 
of  defendant's  set  off  (or  plaintiff's  demand)  to  be  served  on 
the  defendant's  or  plaintiff's  attorney,  and  that,  in  compli- 
ance with  such  demand,  that  a  bill  has  been  furnished,  of 
which  the  annexed  is  a  copy.  (And  this  deponent  says  that 
a  further  or  more  particular  bill  is  necessary  for  the  plain- 
tiff (or  defendant)  in  this  action.) 


H.  M. 


Sworn,  &c. 


[  No.  28.  ] 

Affidavit  for  attachment. 

(Title  of  action.) 

Wayne  County,  ss :     P.  B.,  the  plaintiff  in  this  action, 
being  sworn,  says,  this  action  is  brought  to  recover  a  demand 


16  PRACTICAL  FORMS. 

against  the  defendant,  for  work,  labor  and  services,  (or  for 
cash  loaned,  or  whatever  the  same  may  be,)  that  the  said 
defendant  is  a  foreign  corporation,  created  by  and  under  the 
laws  of  the  State  of  Vermont,  (or  that  since  the  commence- 
ment of  this  action,  defendant  has  absconded  ;  or  is  about  to 
abscond  and  leave  this  State,  as  this  deponent  is  informed 
and  believes ;  and  that  the  facts  set  forth  in  the  accompany- 
ing affidavits  are  the  grounds  upon  which  this  deponent 
forms  his  belief,)  (that  said  defendant  is  about  to  abscond.) 

P.  B. 
Sworn,  &c. 


[  No.  29.  ] 

Affidavit  for  order  to  publish  summons. 

(Title  of  the  action.) 

Albany  County,  ss  :  L.  M.,  the  plaintiff,  being  sworn, 
says,  that  the  summons  in  this  action  was  issued  some  time 
during  the  month  of  May  last  past  to  the  sheriff  of  the 
county  of  Oneida,  the  county  where  the  above  named  de- 
fendant last  resided,  and  that  said  sheriff  has  returned  the 
same,  with  his  certificate  thereon  endorsed,  that  he  is  unable 
to  find  the  said  defendant  in  his  county;  and  that  upon  due 
enquiry,  this  deponent  is  unable  to  learn  the  residence  of 
the  said  defendant,  and  that  the  said  defendant  cannot  be 
found  within  this  State,  to  the  knowledge  or  belief  of  this 
deponent ;  and  this  deponent  further  says,  that  the  said 
defendant  owns  a  large  amount  of  property  within  this 
State,  to  wit,  a  house  and  lot  in  the  city  of  Albany  (or  a 
large  amount  of  personal  property,  in  the  hands  of  one  G. 
H.,  as  this  deponent  has  been  informed  by  the  said  G.  H., 
as  the  same  may  be.) 

L.  M. 

Sworn,  &c. 


PRACTICAL  FORMS.  17 

f   No.  30.    ] 

Jijjidavit for  order  to  publish  summons. 

Greene  County,  ss :  A.  B.,  of  said  county,  being  sworn, 
says,  he  has  a  good  cause  of  action  against  R.  M.,  of  the  city 
of  Boston,  State  of  Massachusetts,  founded  on  a  promissory 
note  (or  for  goods  sold  to  the  said  R.  M.,  or  whatever  the 
cause  of  action  may  be  ;)  that  the  said  R.  M.  is  not  a  resi- 
dent of  this  State,  but  resides  in  the  city  of  Boston,  State  of 
Massachusetts;  that  the  said  R.  M.  has  property  in  this 
State  to  a  large  amount,  as  this  deponent  is  informed  and 
believes,  to  wit:  a  large  farm  in  the  county  of  Allegany, 
occupied  by  one  S.  T. ;  that  the  said  S.  T.  informed  this 
deponent  that  the  said  R.  M.  owned  the  said  farm,  and 
that  he,  the  said  S.  T.  informed  this  deponent  that  he  paid 
rent  therefor  to  the  said  R.  M.,  and  the  said  R.  M.  has  a 
large  quantity  of  goods,  wares  and  mechandise  in  the  hands 
of  E.  F.,  of  the  city  of  Albany,  as  this  deponent  is  informed 
and  believes,  that  the  said  E.  F.  represents  himself  as  the 
agent  of  the  said  R.  M.  and  is  engaged  in  selling  the  same 
as  the  property  of  the  said  R.  M. 

A.  B. 

Sworn,  &c. 


[  No.  31.  ] 

.Affidavit  to  obtain  security  for  costs. 

(Title  of  the  action.) 

Ontario  County,  ss  :  H.  B.  being  sworn,  says,  that  this 
action  was  commenced  by  the  personal  service  of  a  sum- 
mons (and  complaint)  on  this  defendant;  that  the  said  plain- 
tiff is  a  non-resident  of  this  State,  as  this  deponent  has  been 
informed,  and  believes,  by  one  G.  H.,  that  said  plaintiff 
resides  in  the  State  of  Vermont,  and  not  within  the  jurisdic- 
tion of  this  court,  (or  that  since  the  commencement  of  this 
action  the  said  defendant  has  removed  from  this  State  to  the 
2 


|g  PRACTICAL  FORMS. 

State  of  Illinois,  and  hereafter  intends  residing  there  and  is 
no  longer  a  citizen  of  this  State,  and  not  within  the  jurisdic- 
tion of  this  court ;)  or,  (that  said  plaintiff  is  an  infant,  whose 
next  friend  by  whom  he  appears,  has  not  given  security  for 
costs.) 

H.  B. 
Sworn,  &c. 


[  No.  32.  ] 

Affidavit  to  set  aside  default. 

(Title  of  the  action.) 

Chenango  county,  ss :  N.  P.  being  sworn,  says,  he  is  the 
defendant's  attorney  in  this  action  ;  that  the  summons  (and 
complaint)  were  served  on  the  defendant  on  the  first  day  of 
May  last  past,  as  he  is  informed  by  the  said  defendant. 
And  deponent  further  says,  that  as  the  attorney  of  said  de- 
fendant, he  did  on  the  eighth  of  said  May,  serve  on  the 
attorney  for  the  plaintiff  in  this  action  a  notice  of  retainer 
and  a  demand  of  complaint;  that  such  service  was  made  by 
enclosing  the  same  in  an  envelope  addressed  to  the  said 
attorney  for  plaintiff  at  his  residence  in  the  city  of  Troy, 
and  paying  the  postage  thereon.  And  deponent  further 
says  that,  notwithstanding,  the  service  of  notice  of  retainer 
and  demand  of  copy  complaint,  the  said  plaintiff's  attorney 
did  enter  up  judgment  in  this  action,  as  appears  by  the 
docket  of  the  said  judgment  now  made  in  the  clerk's  office 
of  the  said  county  of  Chenango.  And  deponent  further  says 
that  the  said  defendant  has  a  good  defence  on  the  merits  in 
tHis  action,  as  will  appear  by  the  affidavit  of  the  said  defend- 
ant hereto  annexed. 

N.  P. 

Sworn,  &c. 


PRACTICAL  FORMS.  |9 

[  No.  33.  ] 

Jiffidavit  to  set  aside  inquest. 

(Title  of  action.) 

County  of  Schenectady,  ss  :  M.  N.  being  sworn,  says,  he 
is  attorney  for  the  defendant  in  this  action  ;  that  issue  was 
joined  herein  on  the  third  day  of  March  last  past,  and  the 
action  was  noticed  for  trial  by  the  plaintiff  (and  defendant) 
at  a  circuit  court,  to  be  held  at  the  court  house  in  the  city 
of  Troy,  on  the  first  Monday  of  April  last  past.  And  this 
deponent  further  says,  that  on  the  thirtieth  day  of  March 
aforesaid,  an  affidavit  of  merits,  of  which  the  annexed  is  a 
true  copy,  was  sworn  to  by  the  said  defendant,  and  the  same 
was,  on  the  first  day  of  April,  filed  in  the  office  of  the  clerk 
of  Rensselaer  county ;  and  that  a  copy  of  the  said  affidavit 
was,  on  the  said  first  day  of  April,  served  on  the  attorney 
for  the  plaintiffs  in  this  action,  as  appears  by  the  affidavit 
of  such  service  hereto  annexed.  And  this  deponent  further 
says,  that,  notwithstanding  the  said  filing  and  service  of  the 
affidavit  of  merits,  the  plaintiff's  attorney  took  an  inquest 
in  the  said  action,  out  of  its  regular  order  on  the  calendar, 
on  the  fifth  day  of  April  last  past,  and  entered  a  judgment 
thereon  for  one  thousand  dollars. 


Sworn,  &c. 


M.  N.. 


[  No.  34.  ] 

Affidavit  on  taxing  costs. 

(Title  of  action.) 

County  of  Cayuga,  ss :  J.  B.,  being  sworn,  says,  he  is 
the  attorney  for  the  plaintiff  (or  defendant)  in  this  action, 
and  that  R.  P.,  W.  G.,  andN.  0.,  were  severally  subpoenaed 
and  attended  as  witnesses  on  the  part  of  the  plaintiff  (or 
defendant)  in  this  action,  and  that  they  were  severally  and 
necessarily  in  attendance  four  days  each  on  the  trial  of  this 
action  ;  that  the  said  R.  P.  resides  in  the  town  of  C,  and 
travelled  ninety  miles  from  his  place  of  residence  to  attend 


20  PRACTICAL  FORMS. 

the  trial  of  this  action;  and  the  said  W.  G.  and  N.  0.,  each 
travelled  thirty  miles  from  the  town  of  P.,  their  residence, 
to  be  present  at  the  trial  of  this  action.  And  this  deponent 
further  says  that  all  the  disbursements  mentioned  in  the  an- 
nexed bill  of  costs,  have  been  actually  expended  or  incurred 

in  this  action. 

J.  B. 

Sworn,  &c. 


[  No.  35.  ] 

Affi,davit  for  stay  of  proceedings  on  motion  for  new  trial. 

(Title  of  action.) 

County  of  Saratoga,  ss :  A.  B.  being  sworn,  says,  he  is 
the  plaintiff  (or  the  defendant)  in  this  action ;  that  the  said 
action  was  tried  at  the  last  Saratoga  circuit,  on  the  fifteenth 
instant,  before  the  Hon.  Ira  Harris,  one  of  the  justices  of 
Ihis  court,  and  a  verdict  rendered  for  the  defendant  (or  the 
plaintiff)  for  the  sum  of  five  hundred  dollars;  and  this  de- 
ponent further  says,  that  he  is  advised  by  his  counsel,  and 
verily  believes,  that  the  said  judgment  was  and  is  erroneous, 
and  against  the  weight  of  evidence  offered  on  the  trial  of 
this  action  (or  whatever  the  ground  of  objection  may  be,) 
and  that  the  same  ought  to  be  set  aside  ;  and  this  deponent 
further  says,  that  it  is  his  intention  to  move  this  court  that 
the  said  verdict  be  set  aside  (and  a  new  trial  ordered,)  and 
that  for  the  purpose  of  making  such  motion,  it  is  necessary 
that  the  plaintiff's  (or  defendant's)  proceedings  on  said 
verdict  be  stayed  until  the  further  order  of  this  court. 

A.  B. 

Sworn,  &c. 


[  No.  36.  J 

Affidavit  to  move  for  reference. 

(Title  of  action.) 

Greene  County,  ss:     A.  B.,  the  plaintiff  (or  the  defend- 
ant) in  the  above  entitled  action,  being  sworn,  says,  that 


PRACTICAL  FORMS.  21 

this  action  is  brought  to  recover  a  demand  claimed  to  be 
due  on  contract  for  work,  labor  and  services  ;  that  the  com- 
plaint sets  forth  a  large  number  of  items  of  demand,  and 
the  answer  herein  also  contains  a  large  number  of  items, 
which  defendant  claims  to  set  off  or  to  recoup  against  the 
said  plaintiff,  and  the  trial  of  this  action  will  require  the 
examination  of  a  long  account  on  the  part  of  the  plaintiff 
(or  defendant,  or  on  the  part  of  both  parties.) 

A.  B. 
Sworn,  &c. 


[  No.  37.  j 

Affidavit  to  oppose  motion  for  reference. 

;Title  of  action.) 

Erie  County,  ss:  A.  B.,  the  plaintiff  (or  defendant)  in 
this  action,  being  sworn,  says,  that  questions  of  law  will 
arise  on  the  trial  of  this  action,  as  he  is  advised  by  his 
counsel,  and  verily  believes,  that  is  to  say,  the  complaint 
herein  sets  forth  the  following  (state  what,)  to  which  the 
defendant  in  his  answer  pleads  as  follows  (state  what,)  and 
that  the  following  will  be  insisted  on,  on  behalf  of  this 
deponent  (state  the  point  of  law  to  be  urged;)  and  this 
deponent  has  been  informed,  and  believes,  that  the  defend- 
ant's (or  plaintiff's)  counsel  will  urge  as  follows:  (State 
briefly  the  points  of  law  anticipated.)  And  this  deponent 
is  advised  by  his  said  counsel,  and  verily  believes  that  such 
points  are  material  and  difficult,  and  that  referees  are  not  a 
proper  tribunal  for  the  trial  of  this  action.  And  deponent 
further  says  that  many  of  the  items  of  account  set  forth  in 
the  complaint  and  answer,  are  admitted  by  the  pleadings, 
and  the  decision  of  the  facts  herein  will  not  require  much 
time,  nor  the  examination  of  a  long  account,  the  only  facts 
in  issue  being  the  following  :  (State  them.) 

A.  B. 

Sworn,  &c. 


22  PRACTICAL  FORMS. 

[   No.  38.   J 

Affidavit  to  consolidate  actions. 

(Title  of  the  several  actions.) 

County  of  Dutchess,  ss :  L.  M.,  the  defendant  in  the 
above  several  actions,  being  sworn,  says,  that  each  of  said 
actions  is  brought  to  recover  a  demand  claimed  to  be  due  on 
a  certain  written  contract,  and  that  the  said  several  actions 
seek  to  recover  the  money  therein  claimed  to  be  due  in  in- 
stalments ;  and  that  the  causes  of  action  are  the  same,  and 
such  as  may  be  properly  joined  in  one  action,  and  that  the 
defence  to  each  of  the  said  actions  is  substantially  the 
same  ;  and  that  the  questions  which  will  arise  in  all  of  the 
said  actions  are  substantially  the  same,  (or  that  the  above 
actions  are  brought  to  recover  the  possession  of  certain 
real  property,  to  wit,  city  lots,  and  that  the  fact  in  issue 
is  a  question  of  title  ;  and  that  the  facts  set  forth  in  the 
several  complaints,  and  the  defences  set  up  in  the  said  an- 
swer are  substantially  the  same  ;  and  that  the  questions 
which  will  arise  on  the  trial  of  the  said  several  actions  are 
substantially  the  same.) 

L.  M. 

Sworn,  &c. 


[  No.  39.  ] 

Affidavit  to  move  for  a  special  jury . 

(Title  of  the  action.) 

County  of  Onondaga,  ss  :  M.  R.,  being  sworn,  says,  he  is 
the  plaintiff  in  the  above  entitled  action  ;  that  the  same  is 
brought  against  the  above  defendant,  for  uttering  and  pub- 
lishing of  this  plaintiff,  in  his  official  character  as  a  repre- 
sentative in  Congress,  (or  whatever  the  office  may  be,)  the 
following  libellous  and  scandalous  words,  to  wit  :  (Here  in- 
sert the  words,  as  stated  in  the  complaint.)     And  this  depo- 


PRACTICAL  FORMS.  23 

nent  further  says,  that  the  said  words,  so  as  aforesaid  ut- 
tered and  published  of  this  deponent,  are  wholly  and  en- 
tirely false. 

M.  R. 
Sworn,  &c. 


[  No.  40.  J 

Affidavit  to  move  for  costs  of  circuit. 

(Title  of  the  action.) 

Chenango  county,  ss  :  B.  P.,  being  sworn,  says,  he  is  the- 
attorney  for  the  defendant  in  this  action,  and  the  place  of 
trial  herein  is  the  county  of  Chenango,  and  that  issue  herein 
was  joined  on  the  fifth  day  of  May  last  past,  and  that  notice 
of  the  trial  of  this  action  was  served  on  this  deponent  for 
the  circuit  court  to  be  held  at  the  village  of  Norwich  in  said 
county  on  the  first  Monday  in  July  inst.  And  this  deponent 
further  says,  that  the  said  circuit  was  holden  at  the  time 
and  place  in  the  said  notice  mentioned,  and  that  this  depo- 
nent attended  the  said  court  with  the  defendant  and  his 
witnesses,  but  that  the  above  named  plaintiff  did  not  pro- 
ceed to  the  trial  of  the  said  action  nor  countermand  said 
notice  of  trial,  and  that  younger  issues  were  tried  at  the 
said  circuit  in  their  regular  order  on  the  calendar. 

B.  P. 

Sworn,  &c. 


[  No.  41.  j 

Affidavit  to  move  for  neio  trial  for  irregularity. 

(Title  of  the  action.) 

County  of  Stuben,  ss :  G.  W.,  being  sworn,  says,  he  is 
the  attorney  of  the  defendant  in  this  action ;  that  the  reply 
herein  was  served  on  this  deponent  on  the  twentieth  day  ot 


24  PRACTICAL  FORMS. 

April  last  past,  and  on  the  same  day  a  notice  for  trial  for 
the  said  action,  at  a  circuit  court  to  be  holden  at  the  court 
house  in  the  village  of  Bath  in  said  county,  was  also  served 
on  this  deponent;  that  this  deponent  returned  the  said  no- 
tice to  the  plaintiff's  attorney  with  notice  that  this  depo- 
nent intended  to,  and  should  amend  his  answer  in  this 
action.  And  this  deponent  further  says,  that  afterwards,  on 
the  first  day  of  May,  he,  this  deponent,  did  amend  the  said 
answer  and  caused  the  same  to  be  served  on  the  plaintiff's 
attorney  herein,  and  notwithstanding  the  said  notice  and 
the  service  of  the  copy  of  the  said  amended  answer,  the  said 
plaintiff's  attorney  did  proceed  to  the  trial  of  the  sai<l  action 
at  the  said  circuit  court,  and  obtained  a  verdict  against  the 
defendant  for  five  hundred  dollars. 

G.  W. 
Sworn,  &c. 


[  No.  42.  ] 

Affidavit  to  move  for  new  trial  on  the  ground  of  newly  discovered 

evidence. 

(Title  of  the  action.) 

Albany  (City  and)  County,  ss :  P.  M.,  the  above  defend- 
ant, being  sworn,  says,  this  is  an  action  founded  on  contract 
(or  state  the  cause  of  action)  and  the  defence  set  up  thereto 
by  this  deponent  was  (state  what.)  And  deponent  further 
says,  that  this  action  was  tried  at  a  circuit  court  holden  at 
the  city  hall  in  the  city  of  Albany,  on  the  first  Monday  of 
March,  1851,  and  a  verdict  rendered  therein  for  the  plaintiff 
for  one  hundred  dollars.  And  this  deponent  further  says, 
B.  G.,  of  the  town  of  Bethlehem  in  said  county,  can  testify 
to  the  following  facts  :  (stating  particularly  what,  or  to  the 
facts  stated  in  the  affidavit  of  the  said  B.  G.,  hereto  annexed.) 
And  this  deponent  further  says,  that  such  evidence  has  been 
discovered    since  the   said   trial,   and  was  not  previously 


PRACTICAL   FORMS.  25 

known  to  this  deponent  to  exist,  and  that  the  same  is  ma- 
terial to  this  deponent,  as  he  is  advised  by  his  counsel  and 
verily  believes. 

P.  M. 
Sworn,  &c. 


[  No.  43.  J 

Affidavit  to  set  aside  proceedings  for  irregularity. 

Washington  County,  ss  :  A.  B.,  being  sworn,  says,  he  is 
the  attorney  for  the  plaintiff  (or  defendant  in  this  action ;) 
that  the  same  was  commenced  by  the  personal  service  of  a 
summons  and  complaint,  (here  state  the  regular  proceedings 
generally,  the  proceeding  next  before  the  irregularity  par- 
ticularly, with  certainty  as  to  time,  place,  &c.;  and  then  the 
facts  constituting  the  irregularity  with  the  like  certainty.) 


[  No.  44.  J 

Affidavit  of  plaintiff  to  examine  witness  de  bene  esse. 

(Title  of  the  action.) 

Wayne  county,  ss :  C.  D.,  the  plaintiff  in  this  action, 
being  sworn,  says  that  this  action  is  brought  to  recover  a 
demand  due  this  plaintiff  on  contract,  (or  whatever  may  be 
the  subject  of  the  action)  and  that,  as  this  deponent  is  ad- 
vised by  his  counsel,  and  verily  believes  to  be  true,  M.  N., 
at  present  a  resident  of  Lyons  in  this  county,  (or  otherwise 
according  to  the  fact,)  is  a  material  witness  for  the  deponent, 
in  this  action,  and  that  he  cannot  safely  proceed  to  the  trial 
thereof,  without  the  benefit  of  the  testimony  of  the  said 
witness  ;  and  this  deponent  further  says,  that  the  said  M. 
N.,  as  this  deponent  is  informed  and  believes,  is  about  to 
depart  from  this  state  to  foreign  parts,  to  wit,  the  island  of 


26  PRACTICAL  FORMS. 

Madeira,  and  intends  residing  there  a  long  period  of  time, 
and  may  never  return  again  within  the  jurisdiction  of  this 
court. 

C.  D. 
Sworn,  &c. 


[  No.  45.  J 

Jiffidavit  of  defendant  to  examine  witness  de  bene  esse. 

(Title  of  the  action.) 

Erie  County,  ss :  E.  F.,  the  defendant  in  this  action, 
being  sworn,  says,  that  this  action  is  brought  to  recover  a 
demand  alleged  to  be  due  the  plaintiff  herein,  on  contract 
as  follows,  to  wit :  (here  state  the  part  of  the  complaint 
necessary)  and  that  the  defence  to  the  same  is  as  follows : 
(here  state  that  part  of  the  answer  forming  the  issue)  and 
that  as  he,  this  deponent,  is  advised  by  his  counsel,  and 
verily  believes  G.  H.,  at  present  of  the  city  of  Buffalo,  is  a 
material  witness  for  him,  this  deponent  in  this  cause :  and 
that  the  said  G.  H.  intends  soon  to  leave  for  Europe  and 
will  be  absent  several  years.  And  this  deponent  further 
says,  that  as  he  is  also  advised  and  verily  believes,  he,  this 
deponent,  has  a  good  and  substantial  defence  in  this  action 
on  the  merits,  and  cannot  safely  go  to  trial  without  the 
benefit  of  the  testimony  of  the  said  witness. 

E.  F. 

Sworn,  &c. 


[  No.  46.  ] 

Affidavit  to  hold  to  hail  for  injury  to  the  person. 

(City  and)  County  of  Albany,  ss :  A.  B.,  of  said  city, 
being  sworn,  says,  that  he  has  a  good  cause  of  action 
against  one  C.  D.  of  this  city,  arising  upon  the  following 
facts  :  that  on  the  fifth  day  of  June,  inst.,  while  he,  this  de- 


PRACTICAL  FORMS.  27 

ponent,  was  passing  quietly  along  State  street  in  said  city, 
the  said  C.  D.,  without  any  cause  or  provocation  from  de- 
ponent, committed  a  violent  assault  upon  this  deponent, 
whereby  this  deponent  was  much  bruised  and  injured  ;  and 
this  deponent  believes  he  is  justly  entitled  to  recover  dama- 
ges for  the  aforesaid  assault,  to  the  sum  of  five  hundred 
dollars.  And  this  deponent  further  says,  he  is  about  to 
commence  (or  has  commenced)  an  action  against  the  said 
C.  D.  in  the  supreme  court  for  the  recovery  of  the  said 
damages. 


A.  B. 


Sworn,  &c. 


[  No.  47.  ] 

Affidavit  to  hold  to  hail  for  injury  to  jn-operty. 

County  of  Rensselaer,  ss  :  A.  B.,  being  sworn,  says, 
that  he  has  a  good  cause  of  action  against  C.  D.,  of  the 
town  of  Greenbush  in  said  county,  upon  the  following  facts, 
to  wit :  that  the  said  C.  D.  wrongfully  and  wilfully  took 
from  the  possession  of  the  deponent  the  following  personal 
property :  (here  describe  it  particularly)  and  converted  the 
same  to  his  own  use  (or  whatever  the  nature  of  the  injury 
may  be,)  and  this  deponent  believes  he  is  justly  entitled  to 
recover  damages  for  the  injury  aforesaid,  to  the  sum  of  six 
hundred  dollars.  And  this  deponent  further  says,  that  he 
has  commenced  (or  is  about  to  commence)  an  action  in  the 
supreme  court  for  the  recovery  of  the  said  damages. 

A.  B. 

Sworn,  &,c. 


[  No.  48.  J 

Jlffidavit  to  hold  to  hail  in  slander. 

City  and  County  of  New-York,  ss :  A.  B.,  of  said  city, 
being  sworn,  deposes  and  says,  that  on  the  third  day  of  July 
inst.,  while  this  deponent  (or  several  persons)  was  in  the 


28  PRACTICAL  FORMS. 

public  room  of  the  B.  hotel,  in  said  city,  C.  D.,  whose  resi- 
dence is  unknown  to  this  deponent,  came  into  the  said  room, 
and  in  the  presence  (of  this  deponent,  and)  of  E.  F.  and  G. 
H.,  and  several  other  persons,  without  any  cause  or  provo- 
cation, spoke  and  uttered  of  this  deponent,  the  following 
slanderous  and  defamatory  words,  that  is  to  say  :  (State 
the  exact  words  as  laid  in  the  complaint,  and  any  other  ag- 
gravating circumstances  ;  and  annex  affidavits  of  a  third 
person,  if  advisable.) 

A.  B. 
Sworn,  &c. 


[  No.  49.  J 

Affidavit  to  obtain  a  ne  exeat 

(Title  of  action.) 

Albany  County,  ss  :  H.  M.,  the  above  named  plaintiff, 
being  sworn,  deposes  and  says,  that  the  above  named  defend- 
ant is  justly  indebted  to  this  deponent,  in  the  sum  of  one 
thousand  dollars,  for  (state  the  cause  of  action,)  for  the  re- 
covery of  which,  he,  this  deponent,  has  lately  commenced 
an  action  in  this  court  against  the  said  defendant ;  that  the 
said  defendant  has  not  answered  or  demurred  herein,  nor 
has  any  attorney  served  a  notice  of  retainer  for  the  said  de- 
fendant ;  and  that  being  so  indebted,  he,  the  said  defendant, 
has  lately  threatened  and  given  out,  that  he  will  speedily 
leave  this  State,  for  the  purpose  of  avoiding  the  payment  ef 
his  debts,  and  go  into  Canada.  And  this  deponent  verily 
believes,  that  if  the  said  defendant  is  permitted  to  leave 
this  State,  this  deponent  will  either  lose  his  said  debt,  or 
the  same  will  be  very  much  endangered,  and  it  will  be  diffi- 
cult, if  not  impossible,  for  this  deponent  to  recover  the 
same. 

H.  M. 

Sworn,  &c. 


PRACTICAL  FORMS.  29 

[   No.  50.    ] 

Jiffidavit  to  procure  discharge  of  ne  exeat  for  neglect  to  prosecute 

action. 
(Title  of  action.) 

County  of  Albany,  ss  :  M.  H.,  attorney  for  the  plaintiff, 
being  duly  sworn,  says,  that  this  action  was  commenced  by 
the  personal  service  of  a  summons  upon  the  defendant  in 
this  action  on  the  first  day  of  July,  1851,  and  that  on  the 
8th  day  of  the  same  month,  he,  this  deponent,  served  upon 
the  plaintiff's  attorney  herein,  a  notice  of  retainer  for  the 
defendant  in  this  action,  and  a  demand  of  the  copy  com- 
plaint herein,  and  that  no  copy  of  the  complaint  in  this  ac- 
tion has  been  served  upon  this  deponent,  although  more 
than  twenty  (or  forty)  days  have  elapsed  since  the  service 
of  the  said  demand  of  copy  complaint. 

M.  H. 

Sworn,  &c. 


[  No.  51.  ] 

jiffidavit  to  examine  judgment   debtw  in   supplementary  pro- 
ceedings. 

(Title  of  action.) 

Albany  (City  and)  County,  ss  :  N.  M.,  the  above  named 
plaintiff  or  (defendant)  being  duly  sworn,  says,  that  judg- 
ment was  recovered  in  this  action  against  the  above  named 
defendant  (or  plaintiff,)  on  the  10th  day  of  July,  1851,  for 
one  hundred  dollars  (damages  and)  costs ;  and  the  judgment 
roll  filed  in  the  office  of  the  clerk  of  the  (city  and)  county 
of  Albany,  on  that  day,  (and  a  transcript  thereof  in  due 
form,  duly  issued  and  filed  in  the  clerk's  office  of  the  county 
of  Oneida,  and  judgment  docketed  in  the  said  county  of 
Oneida  on  the  eleventh  day  of  July  aforesaid,)  and  that  an 
execution  against  the  property  of  the  judgment  debtor  has 
been  duly  issued  to  the  sheriff  of  the  county  of  Albany,  (or 


30  PRACTICAL  FORMS. 

Oneida,)  the  county  where  the  said  judgment  debtor  resided 

at  the  time  of  issuing  the  said  execution,  and  still  so  resides  ; 

and  that  the   said   sheriff  has   returned  the  said   execution 

(wholly)  unsatisfied. 

N.  M. 
Sworn,  &c. 


[  No.  52.  ] 

Affidavit  to  examine  third  persons  as  to  property  of  judgment 

debtor. 

(Title  of  action.) 

County  of  Albany,  ss  :  N.  M.,  the  above  named  (same  as 
the  foregoing  to  the  close,  then  add,)  and  R.  H.,  of  Albany, 
and  S.  H.,  of  the  same  place,  are  severally  indebted  to,  (or 
have  property  of)  the  said  judgment  debtor  in  an  amount  ex- 
ceeding ten  dollars. 

N.  M. 

Sworn,  &c. 


[  No.  53.  ] 
.Affidavit  of  service  of  subpoena. 

(Title  of  action.) 

Putnam  County,  ss  :  N.  P.,  being  duly  sworn,  says,  that 
on  the  third  dav  of  April,  inst.,  he  served  at  the  village  of 
Cold  Spring,  the  within  subpcena  on  N.  M.,  the  person 
named  therein  as  witness,  personally,  by  then  and  there 
showing  to  the  said  N.  M.,  the  said  subpcena,  and  deliver- 
ing to  him  a  subpoena  ticket,  containing  the  substance  of  the 
said  subpcena,  and  paying  (or  tendering)  to  him,  the  said  N. 
M.,  at  the  same  time  and  place  aforesaid,  the  sum  of  three 
dollars  for  his  fees  for  travelling  to  and  from  the  court  named 
in  the  said  subpcena,  and  for  his  attendance  thereat. 

N.  P. 

Sworn,  &c. 


PRACTICAL  FORMS.  3  [ 

[  No.  54.  ] 

Jiffidavit  to  p-ocure  habeas  corpus  ad  testificandum. 

(Title  of  action.) 

Kings  County,  ss  :  C.  H.,  the  plaintitF  (or  defendant)  in 
this  action,  being  sworn,  says,  that  this  action  is  brought  to 
recover  a  demand  (claimed  to  be  due)  on  contract,  as  follows: 
(here  set  forth  the  part  of  the  complaint  concerning  which 
the  witness  is  to  testify)  that  the  defence  to  the  same  is  as 
follows  :  (here  set  forth  the  allegations  which  raise  the  issue,) 
and  Y.  Z.,  who  is  now  a  prisoner  in  the  custody  of  the  she- 
riff of  the  county  of  Queens,  is  and  will  be  a  material  wit- 
ness for  this  plaintiff  (or  defendant)  at  the  trial  of  this  ac- 
tion, as  he  is  advised  by  his  counsel,  and  verily  believes. 
And  that  without  the  benefit  of  the  testimony  of  the  said 
Y.  Z.,  this  plaintiff  (or  defendant)  cannot  safely  proceed  to 
the  trial  of  this  action,  as  he  is  also  advised  by  his  said 
counsel,  and  verily  believes.  And  deponent  further  says, 
that  this  action  is  noticed  for  trial  at  a  circuit  court  to  be 
holden  in  the  county  of  Kings  on  the  fifteenth  instant ;  (or 
before  I.  M.  the  Referee  herein,)  and  that  this  application  to 
procure  the  attendance  of  the  said  Y.  Z.  as  a  witness  for 
this  plaintiff  (or  defendant)  is  without  any  fraud  or  conni- 
vance between  this  deponent  and  the  said  Y.  Z. 


C.  H. 


Sworn,  &c. 


[  No.  55.  ] 

Jiffidavit  to  move  for  exoneretur  of  hail. 

(Title  of  action.) 

County  of  Kings,  ss :  A.  B.  (and  C,  D.)  one  of  the  bail 
(or  the  bail)  for  the  defendant  in  this  action,  being  sworn, 
do  (severally)  depose  and  say,  that  judgment  was  obtained 
and  docketed  in  this  action  against  the  above  defendant,  on 
or  about  the  tenth  day  of  July,  1851 ;  and  that  an  execution 


32  PRACTICAL  FORMS. 

was  duly  and  in  due  form  issued  thereupon,  on  the  eleventh 
day  of  the  same  month,  as  this  (or  these)  deponent  is  in- 
formed, and  believes  (or  state  whatever  may  be  the  state  of 
the  action.)  And  this  deponent  further  says,  that  after  the 
issuinor,  and  before  the  return  of  the  said  execution,  to  wit: 
on  or  about  the  second  day  of  August,  1851,  the  said  defend- 
ant (or  the  said  defendant  died  before  the  case  was  at  issue 
as  the  fact  may  be.) 

A.  B. 
(Severally)  sworn,  &c.  (C.  D.) 


[  No.  56.  ] 

Affidavit  of  publication  of  summons  or  notice, 

Albany  (City  and)  County,  ss :  N.  P.,  of  Albany,  being 
sworn,  says,  he  is  the  foreman  (or  printer,  or  principal  clerk,) 
in  the  office  of  the  Albany  Atlas,  a  newspaper  published 
weekly  (or  daily)  in  the  city  of  Albany,  and  the  summons 
(or  notice)  dated  July  1, 1850,  to  a  printed  copy,  whereof  this 
affidavit  is  annexed,  was  published  once  (or  twice)  in  each 
week,  thirteen  weeks  successively,  in  said  paper;  and  the 
said  summons  (or  notice)  was  first  so  published  on  the  said 
first  day  of  July,  and  was  last  so  published  on  the  twenty- 
third  day  of  September,  1850. 

N.  P. 

Sworn,  &c. 


f  No.  57.  ] 

Affidavit  to  extend  time. 

(Title  of  action.) 

County  of  Rensselaer,  ss :  C.  H.,  the  defendant's  (or 
plaintiff's)  attorney  herein,  says,  that  the  complaint  (or  an- 
swer) herein  was  served  on  the  third  day  of  August,  1851, 
and  that  the  time  to  answer  (or  reply)  to  the  same  expires 


PRACTICAL  FORMS.  33 

to-morrow  and  that  since  the  service  of  the  said  complaint 
(or  answer)  tliis  deponent  has  been  unable  to  prepare  the 
answer  (or  reply)  thereto,  owing  to  certain  circumstances 
which  this  deponent  could  not  control,  (or  because  the  said 
defendant  (or  plaintiff)  has  been  absent  from  this  county) 
and  this  deponent  could  not  prepare  the  same  without  con- 
sultation with  the  said  party  by  whom  he  is  retained  in  this 
action. 

c.  n. 

Sworn,  &c. 


[  No.  58.  ] 

Affidavit  to  obtain  order  to  perpetuate  testimony. 

Saratoga  County,  ss  :  T.  W.,  of  Saratoga,  being  duly 
sworn,  says,  he  is  a  party  to  an  action  actually  pending  in 
the  supreme  court  of  this  State,  in  which  he  is  plaintiff  (or 
defendant,)  and  one  S.  R.,  is  defendant  (or  plaintiif;)  that 
the  said  action  is  brought,  (state  the  cause  of  action,)  (or  says 
that  he  has  good  reason  to  expect  to  be  made  a  party  to  an 
action  in  a  court  of  record)  and  that  the  testimony  of  A.  B., 
of  the  town  of  Saratoga  in  said  county,  within  this  State,  is 
material  and  necessary  to  the  prosecution  (or  defence)  of 
such  action,  and  that  the  party  (expected  to  be)  adverse  to 
this  deponent  resides  within  this  State  and  is  of  full  age. 

T.  W. 

Sworn,  &.C. 


[  No.  59.  J 

Affidavit  to  procure  a  warrant  against  ships  and  vessels. 

Albany  (City  and)  County,  ss  :  A.  M.,  a  disinterested 
witness,  being  sworn,  says,  he  verily  believes  that  the  de- 
mand of  B.  A.,  stated  in  the  foregoing  petition  and  in  his 
account  annexed  to  his  said  petition,  is  justly  due  to  him, 


34  PRACTICAL   FORMS. 

the  said  B.  A.,  over  and  above  all  payments  and  discounts 
in  the  manner  stated  by  him  in  his  said  petition,  and  that 
the  facts  and  circumstances  to  establish  such  demand,  so  far 
as  they  are  within  the  knowledge  of  this  deponent,  are  as 
follows,  to  wit :  that  this  deponent  is  a  journeyman  ship 
carpenter,  and  worked  for  the  said  B.  A.  while  repairing  the 
said  ship,  (or  was  clerk  for  the  said  B.  A.,  who  furnished 
the  goods  in  his  said  account,  mentioned  :)  (or  was  employed 
by  the  said  B.  A.  to  take  charge  of  the  wharf  of  the  said  B. 
A.,  and  watch  the  said  vessel.) 

A.  M. 
Sworn,  &c. 


[  No.  60.  ] 

Jlffidavit  on  sale  of  real  estate. 

(Title  of  action.) 

Albany  county,  ss :  M.  B.,  being  sworn,  says,  he  is  the 
person  who  was  appointed  and  officiated  as  referee  (or  auc- 
tioneer) at  the  sale  published  in  the  notice  to  a  printed  copy, 
of  which  this  affidavit  is  annexed  ;  and  this  deponent  further 
says,  that  the  said  sale,  pursuant  to  the  said  notice,  took 
place  at  public  auction  in  the  day  time,  at  the  rotunda  of 
the  Merchant's  Exchange,  in  the  city  of  Albany,  at  twelve 
o'clock,  noon,  at  which  time  and  place  A.  C.  became  the 
purchaser  of  the  (mortgaged)  premises  in  the  said  notice, 
mentioned  and  described,  at  and  for  the  sum  of  one  thousand 
dollars  lawful  money  of  the  United  States,  which  the  said 
A.  C.  then  and  there  bid ;  that  being  the  highest  price  bid 
therefor ;  said  sale  was  open  fair  and  conducted  as  prescribed 
by  statute,  and  made  to  the  purchaser  in  good  faith. 

M.  B. 

Sworn,  &c. 


PRACTICAL   FORMS.  35 

[  No.  61.   j 
Jlffidavit  to  obtain  injunction. 

(Title  of  action.) 

Warren  County,  ss :  J.  P.,  being  sworn,  says,  this  action  is 
(or  about  to  be)  commenced  against  M.  N.,  (state  the  cause  of 
action,  or  that  portion  concerning  which  the  injunction  is  to 
be  applied  for)  and  that  he  has  (or  heard)  read  the  complaint 
in  this  action,  and  knows  the  contents  thereof;  that  he  is 
familiar  with  all  the  material  matters  stated  in  said  complaint, 
and  has  actual  knowledge  thereof,  and  that  from  such  know- 
ledge he  knows  that  the   matters  of  fact  therein  stated  are 

true. 

J.  P. 

Sworn,  &c. 


[  No.  62.  ] 

Assignment  of  hail  or  U7idertafdng,  by  sheriff'. 

Know  all  men  by  these  presents,  That  I,  A.  B.,  sheriff  of 
the  county  of  Monroe,  do  hereby  assign  the  within  bail 
bond  (or  undertaking)  to  (the  within  named)  C.  D.,  at  his  re- 
quest, to  be  sued  for  by  him,  according  to  the  force,  form 
and  effect  of  the  statute  in  such  case  made  and  provided. 
In  testimony  whereof,  I  have  hereunto  set  my  hand  and  seal 
this  twentieth  day  of  November,  1851. 

A.  B.,  Sheriff.     [  l.  s.  ] 


[  No.  63.  J 

Attachment  against  sheriff. 

The  People  of  the  State  of  New  York,  to  any  coroner  of 
the  county  of  Albany,  greeting  : 

We  command  you,  that  you  attach  W\  B.,  sheriff  of  the 
county  of  Albany,  so  that  you  may  have  his  body  before 


3^  PRACTICAL  FORMS. 

our  supreme  court,  at  the  city  hall  in  the  city  of  Albany,  in 
the  county  of  Albany,  on  the  last  Tuesday  of  October, 
1851,  at  the  opening  of  the  court  on  that  day,  to  answer  to 
us  for  certain  trespasses  and  contempts  done  and  committed 
in  our  said  supreme  court,  before  the  justices  thereof,*  and 
that  you  then  and  there  have  this  writ. 

Witness,  A.  J.  Parker,  Esq.,  one  of  the  justices  of  our 
supreme  court,  this  second  day  of  October,  1851. 

By  the  Court. 

[  L.  s.  ]  R.  L.,  Clerk. 

(Endorsed.) 

Supreme  Court.  The  People  of  the  State  of  New  York, 
ax  rcl.  L.  M.,  vs.  W.  B.,  sheriff  of  the  county  of  Albany. 
Attachment  returnable  the  last  Tuesday  of  October,  1851, 
at  the  city  hall  in  the  city  of  Albany  :  Issued  for  not  re- 
turning a  certain  writ  of  execution  between  Ij.  M.,  plaintiff, 

and  N.  G.,  defendant. 

H.  B.,  Attorney. 

Let  the  defendant  be  held  to  bail  in  the  sum  of  five  hun- 
dred dollars. 

Oct.  2,  1851. 

A.  J.  PARKER. 


[  No.  64.  ] 

Attachment  against  s/icri/f — another  form. 

(As  in  the  last. form  to  the  *  then)  and  let  the  said  W. 
B.  be  held  to  bail  in  the  sum  of  one  thousand  dollars,  and 
that  you  then  and  there  have  this  writ. 

Witness,  &c. 

(Endorsed.) 

Supreme  Court.  The  People  of  the  State  of  New-York, 
ex  ret.  L.  M.,  vs.  W.  B.  Sheriff  of  the  county  of  Albany. 
Attachment  returnable  the  last  Tuesday  of  October,  1851, 
at  the  city  hall  in  the  city  of  Albany.  Issued  for  not  re- 
turning a  certain  writ  of  execution  between  L.  M.,  plaintiff, 

and  N.  G.,  defendant. 

H.  B.,  Attorney. 


PRACTICAL  FORMS.  37 

[   No.  65.    J 

Attachment  against  coroner  for  not  returning  an  attachment. 

The  People  of  the  State  of  New  York,  to  O.  C.  and  B. 
A.,  appointed  elisors  by  our  justices  of  our  supreme  court, 
to  execute  this  writ,  greeting: 

We  command  you,  respectively,  to  attach  D.  Y.,  Esquire, 
coroner  of  the  county  of  Albany,  so  that  you  may  have  hira 
before  our  supreme  court,  at  the  city  hall  in  the  city  of  Al- 
bany, on  the  last  Tuesday  of  December,  1851,  at  the  open- 
ing of  court  on  that  day,  to  answer  to  us  for  certain  tres- 
passes and  contempts  done  and  committed  in  said  supreme 
court,  before  the  justices  thereof,  and  that  you  then  and 
there  have  this  writ. 

Witness,  A.  J.  Parker,  Esq.,  one  of  the  justices  of  our 
supreme  court,  this  third  day  of  December,  1851. 

By  the  Court. 

[  L.  s.  ]  11.  L.,  Clerk. 

(Endorsed.) 

Supreme  Court.  The  People  of  the  State  of  New  York, 
ex  ret.  L.  M.  vs.  D.  Y.,  coroner  of  the  county  of  Albany. 
Attachment  returnable  the  last  Tuesday  of  December,  1851, 
issued  for  not  returning  an  attachment  against  W.  B.,  sheriff 
of  the  county  of  Albany. 

H.  B.,  Attorney. 

Alloicance  of  the  foregoing  attachment. 

(Endorsed.) 

Due  proof  having  been  made  before  me  of  the  default  of 
D.  Y.,  Esquire,  one  of  the  coroners  of  the  county  of  Albany, 
in  returninc:  a  certain  attachment  directed  and  delivered  to 
him,  commanding  him  to  attach  W.  B.,  Esquire,  sheriff  of 
the  county  of  Albany,  for  an  alleged  contemi)t  in  not  return- 
ing a  certain  execution  heretofore  issued  to  the  said  sheriff, 
between  L.  M.,  plaintiff,  and  N.  G.  defendant  (or  whatever 
may  be  the  cause  of  contempt.)     I  do  therefore  allow  the 


38  PRACTICAL  FORMS. 

within  attachment  to  issue,  and   the  cause  of  issuing  the 

same  is  the  default  of  the  said  coroner  in  making  return  to 

the  attachment,  as  i  hove  mentioned,  and  the  said  D.  Y.  is 

not  to  be  discharged  on  bail,  or  in  any  other  manner,  but  by 

order  of  the  court. 

A.  J.  PARKER. 


[  No.  66.  ] 
Attachment  against  ivitness  for  not  obeying  a  subpoena. 

The  People  of  the  State  of  New  York,  to  the  sheriff  of 
the  city  and  county  of  Albany,  greeting  : 

We  command  you  to  attach  B.  P.,  if  he  may  be  found  in 
your  county,  and  bring  him  forthwith,  (or  on  the  sixth  in- 
stant) personlly  before  our  circuit  court,  held  in  and  for  our 
county  of  Albany,  at  the  city  hall,  in  the  city  of  Albany,  to 
answer  unto  us  for  certain  trespasses  and  contempts  against 
us  in  not  obeying  our  writ  of  subpoena,  commanding  him  to 
appear  on  the  fourth  instant  before  our  circuit  court,  at  the 
city  hall  aforesaid,  to  testify  and  give  evidence  in  a  certain 
action  then  to  be  tried  between  C.  L.,  plaintiff,  and  M.  G., 
defendant,  on  the  part  of  the  plaintiff  (or  defendant;)  and 
you  are  further  commanded  to  detain  him  in  your  custody 
until  he  shall  be  discharged  by  our  said  circuit  court,  and 
have  then  and  there  this  writ. 

Witness,  A.  J.  Parker,  Esq.,  one  of  the  justices  of  our 

supreme  court,  this  fifth  day  of  November,  1851. 

By  the  Court. 
[  L.  s.  ]  R.  L.,  Clerk. 

H.  0.,  Attorney. 

(Endorsed.) 

Supreme  Court.     The  People  of  the  State  of  New  York, 

ex  rel.  C.  L.,  vs.  B.  P.     Attachment,  returnable  November 

6,  1851. 

H.  O.,  Attorney. 

Allowed  this  fifth  day  of  November,  1851. 

A.  J.  PARKER. 


PRACTICAL  FORMS.  39 

[  No.  67.   ] 

Jittachment  against  a  foreign  corporation,  or  absent,  or  con- 
cealed debtor. 

The  People  of  the  State  of  New  York,  to  the  sheriff  of  the 
county  of  Albany,  greeting  : 

Whereas,  A.  B.,  of  the  city  of  Albany,  has  made  applica- 
tion to  me  for  an  attachment  against  C.  D.,  setting  forth  by 
petition  (or  affidavit)  that  the  said  C.  D.  is  a  foreign  corpo- 
ration, (or  a  non-resident,  or  has  absconded  or  concealed 
himself)  and  also  setting  forth  that  he  has  a  good  cause  of 
action  against  the  said  C.  1).;  and,  whereas,  the  said  A.  B. 
has  also  given  the  undertaking  required  by  law  : 

Now  you  are  hereby  commanded  to  attach  and  safely 
keep  all  the  property  of  the  said  C.  U.  within  your  county, 
or  so  much  thereof  as  may  be  sufficient  to  satisfy  the  de- 
mand of  the  said  A.  B.,  amounting  to  five  hundred  dollars, 
together  with  his  costs  and  expenses  in  this  action,  and  that 
you  proceed  herein  in  the  manner  required  of  you  by  law. 

Given  under  my  hand  at  the  city  of  Albany,  this  fifth  day 

of  November,  1851. 

A.  J.  PARKER,  Justice. 


[  No.  68.  J 

Bill  of  plaintiff ''s  particulars. 

(Title  of  action.) 

Sir:  I  hereby  give  notice  that  the  following  is  the  plain- 
tiff's bill  of  particulars  in  this  action,  and  for  the  recovery 
of  which  this  action  is  brought,  to  wit :  (here  set  forth  the 
several  items  of  the  demand,  the  amount  thereof,  and  the 
dates  of  each  as  near  as  may  be.) 

Albany,  Nov.  10,  1851. 

Yours,  &c., 

L.  M.,  PlfT's.  Atty. 
To  G.  W.,  Esquire,  Deft's  Atty. 

(Add  affidavit  when  necessary.) 


40  PRACTICAL  FORMS. 

« 

[  No.  69.  ] 

Bill  of  particulars  of  defendant'' s  set  off^  or  counter-claim. 

(Title  of  action.) 

Sir :  Please  take  notice  that  the  following  are  the  parti- 
culars of  the  set  ofT,  (or  counter  claim)  pleaded  by  the  de- 
fendant in  his  answer  in  this  action,  to  wit:  (here  state  the 
several  items  as  in  the  foregoing.) 

Albany,  Nov.  10,  1851. 

Yours,  &c.. 


To.  L.  M.,  Esq.,  PlflT's  Atty. 
(Add  affidavit  when  necessary.) 


G.  W.,  Deft's  Atty. 


r  No.  70.  1 

Bond  for  defendant's  costs. 

Know  all  men  by  these  presents,  that  L.  M.,  of  Boston, 
H.  G.,  merchant,  of  the  city  and  county  of  Albany,  and  E. 
F.,  merchant,  of  the  city  of  Albany,  are  held  and  firmly 
bound  unto  N.  P.,  in  the  sura  of  two  hundred  dollars,  law- 
ful money  of  the  United  States  of  America,  to  be  paid  to 
the  said  N.  P.,  his  executors,  administrators  or  assigns  ;  for 
which  payment  well  and  truly  to  be  made,  we  bind  ourselves, 
our  heirs,  executors,  administrators  and  assigns,  jointly  and 
severally,  firmly  by  these  presents.  Sealed  with  our  seals. 
Dated  this  fifth  day  of  November,  1851. 

Whereas,  the  said  L.  M.  has  commenced  an  action  in  our 

supreme  court  against  the  said  N.  P.;  now  the  condition  of 

the  above  obligation  is  such,  that  if  the  above  named  L.  M. 

shall  |)ay  on  demand  all  costs  that  may  be  awarded  to  the 

defendant  in  the  said  action,  then  the  above  obligation  to  be 

void  ;  otherwise  to  remain  in  full  force  and  virtue. 

Sealed  and  delivered  } 
in  the  {)resence  of    ) 

L.  M.      [  L.  s.  ] 

H.  G.      [  L.  s.  ] 

E.  F.      [  L.  s.  ] 

(Add  acknowledgment  and  justification  of  sureties.) 


PRACTICAL  FORMS.  41 

[  No.  71.  ] 

Bond  on  discharge  of  attachment  against  ships  and  vessels. 

Know  all  men  by  these  presents,  that  we,  B.  A.,  mer- 
chant, of  the  city  of  Albany,  H.  N.  Tanner,  of  the  same 
place,  and  N.  0.,  merchant,  of  the  same  city,  are  held  and 
firmly  bound  in  the  sum  of  one  thousand  dollars,  (double  the 
amount  sworn  to  by  the  creditor)  to  be  paid  to  A.  W.,  his 
executors,  administrators  or  assigns,  for  which  payment 
well  and  truly  to  be  made,  we  bind  ourselves,  our  heirs, 
executors,  administrators  and  assigns,  jointly  and  severally, 
firmly  by  these  presents.  Sealed  with  our  seals,  and  dated 
this  3d  day  of  November,  1851. 

The  condition  of  this  obligation  is  such,  that  if  the  above 
bounden,  B.  A.,  shall  pay  the  amount  of  all  such  claims  and 
demands  as  have  been  exhibited,  and  which  shall  be  estab- 
lished to  be  existing  liens  upon  the  vessel,  or  steam  pro- 
peller, called  Albany,  her  tackle,  apparel  and  furniture  at 
the  time  of  exhibiting  the  same  to  his  honor,  W.  P.,  Albany 
county  judge,  (or  a  justice  of  the  supreme  court)  then  this 
obligation  to  be  void,  otherwise  to  remain  in  full  force  and 
virtue. 

Sealed  and  delivered  } 
in  the  presence  of     S 

B.  A.      [  L.  s.  J 

H.  N.      [  L.  s.  ] 

s      N.  O.      [  L.  s.  ] 


[  No.  72.  ] 

Bond  to  sheriff  iipon  a  ne  exeat. 

Know  all  men  by  these  presents,  that  we,  H.  G.,  mer 
chant,  of  the  city  of  Troy,  and  M.  B.  and  A.  N.,  merchants, 
of  the  same  place,  are  held  and  firmly  bound  unto  J.  L., 
sheriff  of  the  county  of  Rensselaer,  in  the  penal  sum  of  one 
thousand  dollars,  to  be  paid  to  the  said  sheriff,  or  his  assigns  ; 
for  which  payment  well  and  truly  to  be  made,  we  bind  our- 


42  PRACTICAL  FORMS. 

selves  jointly  and  severally,  and  our,  and  each  of  our  heirs, 
executors  and  administrators,  firmly  by  these  presents. 
Sealed  with  our  seals,  and  dated  this  4th  day  of  Nov.,  1851. 

Whereas,  the  above  named  H.  G.,  has  been  arrested  upon 
a  writ  of  ne  exeat,  issuing  out  of  and  under  the  seal  of  the 
supreme  court  of  the  State  of  New  York,  in  a  certain  action 
therein  pending,  wherein  R.  C.  is  plaintiff,  and  the  said  H. 
G.  is  defendant,  and  is  now  in  custody  of  the  said  sheriff  by 
virtue  thereof: 

Now  the  condition  of  this  obligation  is  such,  that  if  the 
said  H.  G.  shall  not  depart  from  or  leave  this  State,  without 
the  permission  of  the  said  supreme  court,  then  this  obliga- 
tion to  be  void,  otherwise  to  remain  in  full  force  and  virtue. 

Sealed  and  delivered  } 
in  presence  of       ) 

H.  G.      [  L.  s.  ] 

M.  B.      [  L.  s.  J 

A.  N.      [  L.  s.  ] 


[  No.  73.  ] 
Bond  to  obtain  discharge  of  ne  exeat. 

Know  all  men  by  these  presents,  that  we,  H.  G.,  mer- 
chant, of  the  city  of  Troy,  and  M.  B.  and  A.  N.,  merchants, 
of  the  same  place,  are  held  and  firmly  bound  unto  R.  C,  of 
the  village  of  Lansingburgh,  in  the  penal  sum  of  one  thous- 
and dollars,  to  be  paid  to  the  said  R.  C,  his  executors, 
administrators  or  assigns ;  for  which  payment  well  and 
truly  to  be  made,  we  bind  ourselves  jointly  and  severally, 
firmly  by  these  presents.  Sealed  with  our  seals  and  dated 
the  fifth  day  of  November,  1851. 

Whereas,  the  above  named  H.  G.  has  been  arrested  upon 
a  writ  of  ne  exeat,  issued  out  of  and  under  the  seal  of 
the  supreme  court  of  the  State  of  New  York,  in  a  certain 
action  therein  pending,  wherein  the  said  R.  C.  is  plaintiff, 
and  H.  G.  is  defendant,  and  is  now  in  the  custody  of  the 
sheriff  of  the  county  of  Rensselaer,  by  virtue  thereof: 


PRACTICAL  FORMS.  43 

Now  the  condition  of  this  obligation  is  such,  that  if  the 

said  H.  G.  shall  at  all  times  render  himself  amenable  to  the 

process  of  the  said  supreme  court  pending  the  said  action, 

and  to  such  as  may  be  issued  to  compel  a  performance  of  the 

final    judgment  therein,   then    this    obligation  to    be    void, 

otherwise  to  remain  in  full  force  and  virtue. 

Sealed  and  delivered  ^ 

in  presence  of       )  H.  G.  [  l.  s.  ] 

M.  B.  [  L.  s.  ] 

A.  N.  f  L.  s.  J 


[  No.  74.  ] 
Bond  of  receiver. 
Know  all  men  by  these  presents,  that  we,  G.  B.,  mechanic, 
of  the  city  of  Albany,  and  M.  P.,  and  K.  A.,  merchants,  of 
the  same  place,  are  held  and  firmly  bound  unto  the  clerk  of 
the  supreme  court  of  the  State  of  New-York,  in  the  sum 
of  one  thousand  dollars,  lawful  money  of  the  United  States 
of  America,  to  be  paid  to  the  said  clerk,  his  successors  in 
office,  or  assigns.  For  which  payment,  well  and  truly  to  be 
made,  we  and  each  of  us  bind  ourselves  respectively,  joint- 
ly and  severally,  and  our  respective  heirs,  executors  and  ad- 
ministrators, firmly  by  these  presents.  Sealed  with  our 
seals,  and  dated  October  10,  1851. 

Whereas,  by  an  order  made  by  the  supreme  court  on  the 
ninth  instant,  (or  by  W.  P.,  a  county  judge  or  justice  of  the 
supreme  court,)  the  above  bounden  G.  B.  was  appointed  re- 
ceiver of  all  the  debts,  property,  equitable  interests,  and 
things  in  action  of  A.  R. 

Now  the  condition  of  this  obligation  is  such,  that  if  the 

said  G.  B.  shall  faithfully  discharge  the  duties  of  his  trust, 

and  shall  obey  as  required,  the  rules,  practice  and  orders  of 

the  said  court,  as  such  receiver,  then  this  obligation  to  be 

void,  otherwise  to  remain  in  full  force  and  effect. 

Sealed  and  delivered  ) 

in  presence  of        ^  G.  B.       [  l.  s. 

M.  P.        [  L.  s. 

K.  A.      f  L.  s. 


44  PRACTICAL  FORMS. 

[  No.  75.  ] 
Bond  of  receiver  under  Chap.  2,  Title  9,  of  Code. 

Know  all  men  by  these  presents,  that  we,  A.  B.,  of  the 
city  of  Albany,  and  C.  D.,  of  the  same  place,  are  held  and 
firmly  bound  unto  the  clerk  of  the  county  of  Albany,  in  the 
sum  of  five  hundred  dollars,  to  be  paid  to  the  said  clerk, 
his  successors  and  assigns,  for  which  payment,  well  and 
truly  to  be  made,  we  bind  ourselves,  our  heirs,  executors 
and  administrators,  jointly  and  severally,  firmly  by  these 
presents.  Sealed  with  our  seals.  Dated  the  first  day  of 
October,  1851. 

Whereas,  by  an  order  made  by  W.  P.,  Albany  county 
judge,  on  the  thirtieth  day  of  September,  1851,  the  above 
bounden  A.  B.,  was  appointed  the  receiver  of  all  the  debts, 
property,  equitable  interests,  and  things  in  action  of  L.  M., 
a  judgment  debtor,  pursuant  to  the  provisions  of  Chapter  2, 
Title  9,  of  the  Code  of  Procedure  : 

Now,  therefore,  the  condition  of  the  above  obligation  is 
such,  that  if  the  said  A.  B.  shall  faithfully  discharge  the  du- 
ties of  his  trust  as  such  receiver,  then  this  obligation  shall 
be  void,  otherwise  to  be  in  full  force  and  effect. 

Sealed  and  delivered  } 
in  presence  of        ) 

A.  B,     [  L.  s.  ] 

C.  D.     [  L.  s.  ] 


[  No.  76.  J 
Bond  of  general  guardian. 
Know  all  men  by  these  presents,  that  we,  N.  B.,  farmer,  of 
the  town  of  Bethlehem,  county  of  Albany,  J.  G.,  merchant, 
and  M.  S.,  tanner,  of  the  same  place,  are  held  and  firmly 
bound  unto  A.  B.,  in  the  penal  sum  of  five  hundred  dollars, 
to  be  paid  the  said  A.  B.,  his  executors,  administrators  or 
assigns ;  for  which  payment  well  and  truly  to  be  made,  we 
bind  ourselves,  our  heirs,  executors  and  administrators, 
jointly  and  severally,  firmly  by  these  presents.  Sealed  with 
our  seals  and  dated  the  first  day  of  October,  1851. 


PRACTICAL  FORMS. 


45 


Whereas,  by  an  order  made  by  the  supreme  court  of  the 
State  of  New  York,  made  on  the  twentieth  day  of  Septem- 
ber, 1851,  the  above  bounden  N.  B.  was  appointed  the 
general  guardian  of  the  person  and  estate  of  the  above 
named  A.  B.,  an  infant,  under  the  age  of  twenty-one  years, 
upon  his  executing  a  bond  to  the  said  A.  B.,  with  sufficient 
security  to  be  approved  by  one  of  the  justices  of  this  court, 
in  the  penalty  and  upon  the  condition  therein  mentioned. 

Now,  therefore,  the  condition  of  this  obligation  is  such, 
that  if  the  above  bounden  N.  B.  shall  faithfully  perform  his 
trust  as  such  guardian,  and  shall  file  an  inventory  of  the 
estate  of  the  said  infant  within  six  months  after  his  appoint- 
ment, and  render  an  annual  inventory  or  account  of  his 
guardianship,  and  shall  observe  and  obey  all  the  general 
rules  of  said  court,  respecting  general  guardians,  and  such 
orders  as  shall  be  made  from  time  to  time  by  the  said  court 
in  relation  to  such  trust;  and  if  he  shall  render  a  just  and 
true  account  of  all  moneys  and  property  of  the  said  infant 
which  shall  come  to  his  hands  as  such  general  guardian,  and 
of  the  application  thereof,  and  of  his  guardianship  generally, 
before  any  court  having  jurisdiction,  whenever  he  shall  be 
thereunto  lawfully  required,  then  this  obligation  to  be  void, 
otherwise  to  be  and  remain  in  full  force  and  virtue. 

Sealed  and  delivered  ) 
in  presence  of        ) 

N.  B. 

J.  G. 

M.  S. 
(Approval  endorsed.) 

I  approve  of  the  within  bond  and  security  as  to  the  sure- 
ties, and  the  form  and  sufficiency  thereof.     October  2,  1851. 

IRA  HARRIS. 


L.  S. 
L.  S. 
L.   S. 


[  No.  77.  J 

Bond  of  guardian  ad  litem  in  partition. 

Know  all  men  by  these  presents,  that  we,  M.  II.,  of  the 
city  of  Albany,  merchant,  and  B.  P.,  counsellor  at  law,  and 
N.  S.,   merchant,  of   the   same  place,  are  held  and  firmly 


46  PRACTICAL  FORMS 

bound  unto  the  people  of  the  State  of  New  York,  in  the  pe- 
nal sum  of  eight  hundred  dollars,  lawful  money  of  the  Uni- 
ted States,  for  which  sum  well  and  truly  to  be  paid,  we  bind 
ourselves,  our  heirs,  executors,  administrators  and  assigns, 
jointly  and  severally,  firmly  by  these  presents.  Sealed  with 
our  seals,  and  dated  the  third  day  of  November,  1851. 

Whereas,  by  an  order  made  by  the  supreme  court  of  the 
State  of  New  York,  on  the  twentieth  day  of  October,  1851, 
in  a  certain  action  in  which  C.  D.  is  plaintiff,  and  M.  G.  and 
E.  B.,  infants,  under  the  age  of  twenty-one  years,  are  with 
others,  defendants,  appointing  the  above  named  M.  H., 
guardian  ad  litem  of  the  before  named  infants,  to  appear  for 
them,  and  defend  this  action  in  their  behalf,  upon  his  giving 
the  bond  therein  required  : 

Now,  therefore,  the  condition  of  this  obligation  is  such, 
that  if  the  above  bounden  M.  H.  shall  faithfully  discharge 
the  trust  committed  to  him  as  such  guardian,  and  shall  ren- 
der a  just  and  true  account  of  his  guardianship  whenever 
lawfully  required,  then  this  obligation  to  be  void,  otherwise 
to  be  and  remain  in  full  force  and  virtue. 

Sealed  and  delivered  ) 
in  presence  of        ^ 

M.  H.     [  L.  s.  ] 
B.  P.      [  L.  s.  J 
N.  S.      [  L.  s.  ] 
(Approval  endorsed.) 

I  approve  of  the  within  bond  as  to  form  and  execution, 
and    also  of  the  sufficiency   of  the  sureties   executing  the 

same.     Nov.  4,  1851. 

IRA  HARRIS. 


[  No.  78.  J 

Bond  of  guardian  on  sale  of  infants  estate. 

Know  all  men  by  these  presents,  that  we,  A.  B.,  broker, 
of  the  city  of  Albany,  and  J.  G.,  broker  of  the  same  place, 
and  W.  v.,  pension  agent  of  the  town  of  Greenbush,  are 


PKACTICAL  FORMS.  47 

held  and  firmly  bound  unto  E.  P.,  of  Troy,  an  infant  under 
the  age  of  twenty-one  years,  in  the  just  and  full  sum  of  six 
hundred  dollars,  to  be  paid  to  the  said  E.  P.,  her  heirs,  exe- 
cutors, or  assigns,  for  which  payment,  well  and  truly  to  be 
made,  we  bind  ourselves,  our  heirs,  executors  and  admin 
istrators,  jointly  and  severally,  firmly  by  these  presents. 
Sealed  with  our  seals  and  dated  Nov.  5,  1851. 

Whereas,  the  above  bound  A.  B.  was  by  an  order  of  the 
supreme  court,  held  before  J.  H.,  justice,  at  a  special  term 
of  said  court,  held  at  the  city  hall  in  the  city  of  Albany,  on 
the  2nd  day  of  November,  1851,  appointed  special  guardian 
of  said  E.  P.,  for  the  sale  of  certain  real  estate  of  said  E.  P. 
referred  to  in  said  order  : 

Now,  therefore,  the  condition  of  this  obligation  is  such, 
that  if  the  above  bounden  A.  B.  shall  faithfully  perform  the 
trust  reposed  in  him  as  such  guardian,  and  for  paying  over, 
investing  and  accounting  for  all  moneys  that  shall  be  re- 
ceived by  him,  according  to  the  order  of  any  court  having 
authority  to  give  direction  in  the  premises,  and  observe  the 
orders  and  directions  of  the  court  in  relation  to  said  trust, 
then  this  obligation  to  be  void,  otherwise  to  remain  in  full 
force  and  virtue. 

Sealed  and  delivered  i 
in  the  presence  of     ) 

A.  B.       [  L.  s.  J 

J.  G.         [  L.  s.  ] 
W.  V.      [  L.  s.  ] 
(Approval  endorsed.) 

I  approve  of  the  within  bond  and  security  as  to  the  sure- 
ties, and  the  form  and  sufficiency  thereof. 

IRA  HARRIS. 


[  No.  79.  ] 

Bond  on  allowing  injunction. 
Know  all  men  by  these  presents,  that  J.  G.,  of  the  city  of 
Buffalo,  merchant,  and  C.  L.  and  M.  D.,  of  the  same  place, 
brokers,  are  held  and  firmly  bound  unto  M.  P.,  of  the  city 


4g  PRACTICAL  FORMS. 

of  Rochester,  in  the  sura  of  one  thousand  dollars  lawful 
money  of  the  United  States  of  America,  to  be  paid  to  the 
said  M.  P.,  his  executors,  administrators  or  assigns;  for 
which  payment  well  and  truly  to  he  made,  we  bind  our- 
selves jointly  and  severally,  and  our  respective  heirs,  exe- 
cutors and  administrators,  firmly  by  these  presents.  Sealed 
with  our  seals  and  dated  September  5th,  1851. 

Whereas,  the  said  J.  G.  has  commenced  an  action  in  the 
supreme  court,  against  the  said  M.  P.,  (here  state  the  cause 
of  action  and  for  what  injunction  issues.) 

Now,  therefore,  the  condition  of  the  above  obligation  is 
such,  that  if  the  above  bounden  J.  G.  shall  pay  or  cause  to 
be  paid  to  the  said  M.  P.,  his  executors,  administrators  or 
assigns,  all  moneys  which  may  be  recovered  by  the  said  M. 
P.,  or  his  legal  representatives,  against  the  said  J.  G.  for 
damages  and  costs  on  account  of  the  issuing  of  the  said  in- 
junction, and  shall  also  pay  M.  P.  all  costs  as  may  be 
awarded  to  the  said  M.  P.  by  the  supreme  court  in  the  action 
aforesaid,  then  the  above  obligation  to  be  void,  otherwise  to 
remain  in  full  force  and  virtue. 

J.  G.  [  L.  s.  ] 
C.  L.  [  L.  s.  ] 
M.  D.      [  L.  s.  j 

(Approved  as  the  foregoing.) 


[  No.  80.  ] 
Exceptions  on  the  part  of  the  defendant. 

(First  set  out  the  summons,  complaint,  answer  and  reply, 
then  proceed  as  follows  :) 

County  of  Albany  : 

On  the  thirteenth  day  of  Feb.,  1851,  at  a  circuit  court  held 
at  the  city  hall  in  the  city  of  Albany,  in  and  for  the  county  of 
Albany,  came  the  parties  aforesaid;  by  their  attorneys  afore- 
said, before  Ira  Harris,  Esq.,  one  of  the  justices  of  this  court, 
and  the  jurors  summoned  to  try  the  said  issue  being  called  also 


PRACTICAL  FORMS.  49 

came,  who  to  speak  the  truth  of  the  matter  aforesaid  were 
chosen,  tried  and  sworn.  And  upon  the  trial  of  that  issue, 
the  counsel  for  the  plainlilf,  in  order  to  maintain  the  issuf 
on  the  part  of  the  plaintilF,  gave  in  evidence  that,  &c.,  (ht-re 
set  out  the  evidence  on  the  part  of  the  plaintiff,  noting  what 
exceptions  are  made  to  it  by  the  defendant.)  The  counsel 
Yor  the  plaintiff  here  rested,  and  the  counsel  for  the  defend- 
ant then  moved  for  a  non-suit,  on  the  ground  that  the  testi- 
mony submitted  did  not  show  that  there  was  a  valid  or  suf- 
ficient acceptance  of  the  said  bill  to  charge  the  defendant 
(or  as  the  fact  may  be,)  and  hence  the  plaintiff  cannot  main- 
tain this  action.  The  said  motion  was  denied  by  the  said 
justice,  and  the  counsel  for  the  defendant  excepted  to  the 
said  decision.  And  thereupon  the  counsel  for  the  defend- 
ant, to  maintain  and  prove  the  ^aid  issue  on  his  part,  gave 
in  evidence,  (here  set  out  the  evidence  on  the  part  of  the 
defendant,  and  then  as  fcdlows  :)  and  the  said  justice  did 
then  and  there  declare  and  deliver  his  opinion  to  the  jury 
aforesaid,  and  said  that,  (here  set  out  the  charge  on  the 
points  excepted  to,  particularly,)  to  which  said  opinion  of 
the  said  justice,  the  said  counsel  for  the  defendant  did  then 
and  there,  on  behalf  of  the  said  defendant  except,  and  asked 
the  said  justice  to  charge  that  (the  matter  on  which  defend- 
ant's counsel  ask  to  charge  should  be  here  set  out  distinct- 
ly.) But  the  court  declined  to  charge  further  or  otherwise 
than  is  above  stated.  To  which  decision  defendant's  coun- 
sel excepted. 

The  jury  retired,  and  afterward  returned  into  court  with 
a  verdict  for  the  plaintiff  for  five  hundred  dollars  damages. 
And  because  none  of  said  exceptions,  so  offered  and  made 
to  the  opinion  and  decision  of  the  said  court  do  appear  upon 
the  record  of  the  said  trial,  therefore,  on  the  prayer  of  the 
defendant,  by  his  counsel,  his  honor  the  justice  who  pret-i- 
ded  at  said  trial,  and  made  said  decisions,  hath  settled  these 
exceptions  according  to  the  statute  in  such  case  made  and 
provided,  this  fourteenth  day  of  February,  1S51. 


50  PRACTICAL  FORMS 

[  No.  81.  ] 
Memorandum  of  case  made  at  trial. 

(Title  of  action.) 

This  action  came  on  to  be  tried  before  his  honor,  Ira 
Harris,  one  of  the  justices  of  this  court,  at  a  circuit  court 
held  at  the  city  hall,  in  the  city  of  Albany,  for  the  county  of 
Albany,  on  the  fifteenth  day  of  November,  1851. 

A  jury  was  called  and  sworn.  The  plaintiff's  counsel 
proved  that  (here  state  the  facts  proved  by  plaintiff.) 

The  defendant's  counsel  then  moved  for  a  nonsuit,  on  the 
ground  that  (state  the  nature  of  the  motion ;)  which  motion 
the  court  overruled,  and  the  defendant's  counsel  excepted. 

The  defendant  then  proved  that,  (state  the  facts  proved 
by  defendant.) 

A  verdict  was  taken  for  the  plaintiff  for  three  hundred 
dollars,  subject  to  the  opinion  of  the  court,  (on  a  case  to  be 
made,  with  liberty  to  turn  the  same  into  a  special  verdict, 
or  bill  of  exceptions.) 


[  No.  82.  ] 
Special  case  prepared  for  settlement. 

(First  set  out  the  summons,  complaint,  answer,  and  reply, 
then  proceed  as  follows  :) 

The  issues  in  the  said  action  came  on  to  be  tried  before 
his  honor,  D.  Cady,  one  of  the  justices  of  this  court,  at  a 
circuit  court  held  at  Fonda,  in  the'county  of  Montgomery, 
held  for  the  said  county,  on  the  tenth  day  of  July,  1851. 

A  jury  was  called  and  sworn  (or  a  trial  by  jury  having 
been  waived.)  The  plaintiff's  counsel  proved  as  follows  : 
that  (state  the  facts  proved  by  plaintiff,  objections  made  by 
the  defendant  and  the  decision  of  the  justice  on  such  objec- 
tion, whenever  such  decisions  are  excepted  to.) 

The  defendant's  counsel  then  proved  (state  the  facts 
proved  by  defendant,  the  questions  if  any  arising  on  those 
facts,  and  the  decision  of  the  justice  when  objected  to.) 


PRACTICAL  FORMS.  51 

A  verdict  was  taken  by  the  plaintiff  for  two  hundred  dol- 
lars, subject  to  the  opinion  of  the  court,  on  a  case  to  be 
made  with  liberty  to  turn  the  same  into  a  bill  of  exceptions 
or  a  special  verdict. 


[  No.  83.  J 

Amendments  proposed  to  case. 

(Title  of  action.) 

.  Amendment  first;  on  page  3,  line  12,  insert  at  the  end  of 
the  paragraph  the  following  :  (state  what.) 

Amendment  second;  on  page  4,  strike  out  the  15,  16,  17, 
and  18  lines. 

Amendment  third;  on  page  5,  after  line  4,  insert  the  fol- 
lowing :  (state  what,)  (and  so  throughout  the  case.) 

M.  P.,  Esq.:  Please  take  notice  that  the  foregoing  are 
the  proposed  amendments  to  the  case  in  the  above  entitled 
action  as  prepared  by  you  for  settlement  and  served  on  me 
on  the  23d  instant. 

Fonda,  July  28,  1851. 

Yours,  &c. 

P.  R.,  Plaintiff's  Att'y. 


[  No.  84.  ] 
Case  to  move  for  a  new  trial. 

(Title  of  the  action.) 

This  is  an  action  brought  by  the  plaintiff  to  recover  a  de- 
mand claimed  to  be  due  on  contract.  The  complaint,  fol. 
2,  &c.,  contains  the  following  allegations  :  (here  set  forth  so 
much  of  the  complaint  as  is  necessary  to  present  the  issue, 
and  the  decision  to  be  reversed.) 

To  which  defendant  answers  as  follows  :  (set  forth  the 
allegations  denying  or  avoiding  the  matter  above  set  forth 
in  the  complaint  and  the  allegations  in  the  reply,  if  any,, 
affecting  the  same  points  in  issue,  then  proceed  as  follows  :) 


5*2  PRACTICAL  FORMS. 

The  cause  came  on  to  be  tried  before  his  honor,  Justice 
Wright,  at  a  circuit  court,  at  the  City  Hall,  in  the  city  of 
Troy,  held  for  the  county  of  Rensselaer,  on  the  seventh  day 
of  August,  1851. 

On  the  trial,  M.  R.  was  called  as  a  witness  on  the  part  of 
the  plaintiff,  and  testified  that,  &c.,  (state  the  testimony  of 
the  witness.) 

On  being  cross-examined,  the  witness  testified  that,  (state 
what.) 

The  defendant's  counsel  here  moved  for  a  nonsuit,  on  the 
ground  that,  (state  the  grounds,)  which  motion  was  denied  by 
the  court,  and  defendant's  counsel  excepted. 

The  defendant  then  called  W.  B.,  and  offered  to  prove 
that,  (state  what,)  to  which  plaintiff's  counsel  objected, 
which  objection  was  sustained  by  the  court,  to  which  decis- 
ion defendant's  counsel  excepted. 

The  defendant  then  offered  in  evidence,  (state  what  docu- 
mentary evidence  was  offered,)  which  evidence  was  excluded 
by  the  court,  to  which  defendant's  counsel  excepted. 

The  judge  then  charged  the  jury  that,  (state  what,)  to 
which  the  defendant's  counsel  excepted. 

The  jury  found  a  verdict  for  the  plaintiff  for  one  hundred 
dollars. 


[  No.  85.  ] 

Certificate  of  clerk  as  to  filing  of  notice  of  lis  pendens. 

(To  be  endorsed  on  the  copy  of  the  notice.) 

I,  R.  L.,  clerk  of  the  county  of  Albany,  do  hereby  certify, 
that  a  notice,  of  which  the  within  is  a  copy,  was  filed  in  the 
clerk's  office  of  said  county  more  than  forty  days  since. 

Dated  July  10,  1851. 

R.>L.,  Clerk. 


PRACTICAL  FORMS.  53 

[  No.  86.  J 

Certificate  of  clerk  that  pleadings  are  not  filed. 

(Title  of  the  action.) 

I,  B.  N.,  clerk  of  the  county  of  Oswego,  hereby  certify, 
that  no  complaint,  (or  answer,  or  reply)  in  the  above  entitled 
action  has  been  filed  in  my  office. 

Oswego,  August  15,  1851. 

B.  N.,  Clerk. 


[  No.  87.  J 

Certificate  of  sheriff  on  committitur  of  defendant. 

I,  W.  B.,  sheriff  of  the  county  of  Albany,  certify,  that  E. 
M.,  the  within  defendant,  has  been  committed  to,  and  re- 
mains in  my  custody,  by  virtue  of  a  committitur  of  him  in 
exoneration  of  his  bail,  at  the  suit  of  the  plaintiff  in  the 
within  mentioned  action.     Dated  Albany,  June  20,  1851. 

W.  B.,  Sheriff  of 

Albany  county. 


[  No.  88.  ] 

Certificate  of  sheriff  of  defendant  being  in  custody. 

(Title  of  the  action.) 

I  certify  that  E.  B.,  the  above  defendant,  is  in  my  custody 
in  the  jail  of  the  county  of  Albany,  on  a  surrender  made  by 
his  bail  in  this  action,  (or  on  a  voluntary  surrender,)  on  the 
thirteenth  day  of  March  last,  and  after  the  recovery  of  judg- 
ment in  the  said  action.  And  I  do  further  certify  that  there 
was  not  delivered  to  me  any  writ  of  execution  in  the  said 
action  within  three  months  from  the  time  of  such  surrender. 

Dated  July  1,  1851. 

W.  B.,  Sheriff  of 

Albany  county. 


54  PRACTICAL  FORMS. 

[  No.  89.  ] 

Certificate  of  service  of  summons  and  complaint. 

City  and  County  of  Albany,  ss  : 

I,  W.  B.,  sheriff  of  the  city  and  county  of  Albany,  certify, 
that  on  the  sixth  day  of  October,  1851,  I  served  upon  the 
within  named  C.  D.,  the  within  summons,  by  delivering  a 
copy  thereof  to  the  said  C.  D.,  the  within  named  defendant, 
personally,  at  the  city  of  Albany,  topjether  with  a  copy  of 
the  complaint  therein  mentioned,  (of  which  the  w^ilhin  is  a 
copy.) 

W.  B.,  Sheriff. 


[  No.  90.  J 

Certificate  of  service  of  subpoena. 

City  and  County  of  Albany,  ss  : 

I  certify,  that  on  the  first  day  of  November,  1851,  at 
Bethlehem,  in  said  county,  I  subpoensed  the  within  named 
L.  B.,  as  I  am  within  commanded,  by  showing  to  him  the 
within  subpoena,  and  at  the  same  time  and  place  giving  to 
him  a  subpoena  ticket,  containing  the  substance  of  the  said 
subpoena,  and  at  the  same  time  I  paid  (or  tendered)  to  him 
two  dollars  for  his  fees. 

W.  B.,  Sheriff. 
(By  R.  G.,  Under  Sheriff.) 


[  No.  91.  ] 

Certificate  of  deposite  of  money  in  lieu  of  undertaking. 

(Title  of  action.) 

I  hereby  certify,  that  I  have  received  from  the  defendant, 
the  sum  of  eight  hundred  dollars  as  a  deposit,   being   the 
amount  mentioned  in  the  order  of  arrest  in  this  action. 
Troy,  July  12,  1851. 

M.  B.,  Sheriff  of 
Rensselaer  county. 


PRACTICAL  FORMS.  55 

[    No.  92.    ] 
Certificate  to  purchaser  of  land. 

(Title  of  the  action.) 

Execution  to  levy  $300,  with  interest  from  March  3,  1850, 
besides  sheriff's  fees  and  poundage. 

Tested  March  5,  1850,  returnable  in  sixty  days  from  its 
receipt. 

I,  C.  B.,  sheriff  of  the  county  of  Albany,  do  certify,  that 
by  virtue  of  a  writ  of  execution  issued  in  the  above  action, 
to  me  directed  and  delivered,  I  have  this  day  sold  all  the 
right  and  title  of  the  said  C.  D.,  of,  in  and  to  the  following 
described  piece  of  land,  (describe  the  premises  sold)  togeth- 
er with  all  and  singular  the  hereditaments  and  appurte- 
nances thereunto  belonging  or  in  any  wise  appertaining,  unto 
M.  R.,  for  the  sum  of  two  hundred  dollars,  that  being  the 
highest  sum  bid  therefor.  And  the  said  M.  R.  will  be  enti- 
tled to  a  sheriff's  deed  for  the  above  described  premises  at 
the  expiration  of  fifteen  months  from  this  date,  unless  the 
same  shall  be  redeemed  within  that  time,  pursuant  to  the 
statute  in  such  case  made  and  provided,  by  some  person  au- 
thorised to  redeem  the  same. 

Given  under  my  hand  this  fifth  day  of  June,  1850. 

C.  B.,    Sheriff. 


[  No.  93.  J 
Commission  to  examine  witnesses. 


The  People  of  the  State  of  New  York,  to  M/  C,  R.  V., 
and  M.  R.,  of  the  city  of  Boston,  State  of  Massachusetts  : 

Whereas,  it  appears  to  our  justices  of  ours\ipreme  court 
of  our  State,  that  H.  S.  and  J.  B.,  of  the  city  of  Boston 
aforesaid,  are  material  witnesses  in  a  certain  action  now  de- 
pending in  our  said  supreme  court,  between  C.  P.,  plaintiff, 
and  A.  D.,  defendant,  and   that   the  personal  attendance  of 


56  PRACTICAL  FORMS. 

said  witnesses  cannot  be  procured  at  the  trial  of  the  said 
action  :     AVe,  in  confidence  of  your-  prudence  and  fidelity, 
have  appointed  you,  and  by  these  presents,  do  appoint  you, 
or  any  two  of  you,  commissioners  to  examine  the  said  wit- 
nesses ;  and  therefore  we  authorise  and  empower  you,  or 
any  two  of  you,  at  certain  days  and  places,  to  be  by  you,  or 
any  two  of  you,  for  that  purpose  appointed,  diligently  to 
examine  the  said  witnesses,  (or  such  of  them  as  shall  be  pro- 
duced before  you,  or  any  two  of  you,  and   each  apart,)  on 
the  interrogatories  annexed  to  this  commission,  on  their  re- 
spective corporal  oath  first  taken  before  you,  or  any  two  of 
you,  and  cause  the  said  examination  of  (each  of)  said  wit- 
nesses, to  be  reduced  to  writing  and  signed  by  the  same  wit- 
ness, and  by  yourselves,  or  any  two  of  you,  and  then  return 
the  same,  annexed  to  the  said  commission,  unto  our  supreme 
court  aforesaid,  w^ith  all  convenient  speed,  inclosed  under 
the  seals  of  you,  or  any  two  of  you,  the  said  commissioners. 
Witness,  Ira  Harris,  Esq.,  one  of  the  justices  of  our  su- 
preme court,  this  third  day  of  November,  one  thousand  eight 

hundred  and  fifty-one. 

R.  L.,  Clerk. 

B.  L.,  Attorney. 


[  No.  94.  ] 

Consent  of  guardian. 
I  hereby  consent  to  become  guardian  ad  litem  of  the  above 
petitioner  in  the  above  entitled  action. 

Buffalo,  July  6,  1851. 

M.  S. 


1 


[  No.  95.  ] 

Consent  of  next  friend. 

I  hereby  consent  to  be  appointed  the  next  friend  of  the 
above  petitioner,  and  to  appear  for  him  as  such,  in  the  ac- 
tion mentioned  in  the  above  petition. 

Utica,  May  5,  1851.  S.  B. 


PRACTICAL  FORMS.  57 

[    No.  96.    ] 

Deed  of  sheriff  to  purchaser  under  an  execution. 

To   all   to   whom  these   presents  shall   come,   I,   W.  B., 
sheriff  of  the  county  of  Albany,  send  greeting: 

Whereas,  by  virtue  of  a  writ,  (or  two  or  more  certain 
writs,)  of  execution  issued  out  of  the  supreme  court  in  favor 
of  A.  B.  against  C.  D.,  to  the  said  sheriff  directed  and  deli- 
vered, commanding  him,  that  of  the  goods  and  chattels  of 
the  said  C.  D.  in  his  county,  he  should  cause  to  be  made, 
certain  moneys  in  the  said  writ  (or  writs)  specified,  and  if 
sufficient  goods  of  the  last  named  person  could  not  be  found, 
that  then  he  should  cause  the  amount  of  such  judgment  to 
be  made  of  the  lands,  tenements,  real  estate,  and  chattels 
real,  whereof  the  said  last  named  person  was  seized  at  a 
certain  time  in  the  said  writ  specified,  as  on  reference  to  the 
said  writ  now  of  record  in  said  court  will  more  fully  appear. 
And,  whereas,  because  sufficient  goods  and  chattels  of  the 
said  last  named  person  in  the  said  writ  could  not  be  found, 
whereof,  he,  the  said  sheriff,  could  cause  to  be  made  the 
moneys  specified  in  the  said  writ,  he,  the  said  sheriff,  did, 
in  obedience  to  the  said  command,  levy  on,  take  and  seize 
all  the  estate,  right,  title  and  interest  of  the  said  last  named 
person  of,  in  and  to  the  lands,  tenements,  real  estate  and 
premises  hereinafter  particularly  set  forth  and  described,  with 
the  appurtenances,  and  did  on  the  twentieth  day  of  March, 
one  thousand  eight  hundred  and  fifty,  sell  the  said  premises 
at  public  vendue,  in  the  rotunda  of  the  Merchants'  Exchange, 
in  the  city  of  Albany,  in  the  county  of  Albany,  he  having 
jfirst  given  notice  of  the  time  and  place  of  such  sale,  by  ad- 
vertising the  saifie  according  to  law  ;  at  which  sale  the  said 
premises  were  struck  ofi'  and  sold  to  W.  F.,  for  the  sum  of 
eight  hundred  dollars,  he,  the  said  W.  F.,  being  the  highest 
bidder,  and  that  being  the  highest  sum  bidden  for  the  same. 
Whereupon,  the  said  sheriff,  after  receiving  from  the  said 
purchaser  the  said  sum  of  money  so  bidden  as  aforesaid, 
gave  to  him  such  certificate  as  is  by  law  directed  to  be  given, 


58  PRACTICAL   FORMS. 

and  a  certificate  of  such  sale  was  duly  filed  in  the  office  of 
the  clerk  of  the  supreme  court,  in  the  county  of  Albany. 
And,  whereas,  the  fifteen  months  after  such  sale,  and  the 
giving  and  filing  of  such  certificate  thereof  have  expired, 
without  any  redemption  of  the  said  premises  having  been 
made.  (If  the  case  require,  here  insert  the  transfer  of  the 
sheriff's  certificate  to  the  present  owner.) 

Now,  this  indenture  witnesseth,  that  I,  W.  B.,  the  sheriff, 
as  aforesaid,  by  virtue  of  the  said  writ,  and  in  pursuance  of 
the  statute,  in  such  case  made  and  provided,  for,  and  in  con- 
sideration of  the  sum  of  money  above  mentioned,  to  me  in 
hand  paid,  as  aforesaid,  the  receipt  whereof  is  hereby 
acknowledged,  have  granted,  bargained,  sold,  released, 
assigned,  conveyed  and  confirmed,  and  by  these  presents, 
do  grant,  bargain,  sell,  release,  assign,  convey  and  confirm 
unto  the  said  W.  F.,  his  heirs  or  assigns,  all  the  estate, 
right,  title  and  interest  of  the  said  person,  against  whom  the 
said  writ  of  execution  has  been  issued  as  aforesaid,  whereof 
he  was  seized  or  possessed  on  the  the  third  day  of  January, 
one  thousand  eight  hundred  and  fifty,  (the  day  mentioned  in 
the  writ,)  or  any  time  afterwards,  in,  and  to  all  that  (de- 
scribe the  real  estate  conveyed,)  together  with  all  and  sin- 
gular, the  hereditaments  and  appurtenances  thereunto  belong- 
ing, or  in  any  wise  appertaining  :  to  have  and  to  hold  the 
said  above  mentioned  and  described  premises,  with  the  ap- 
purtenances, unto  the  said  W.  F.,  his  heirs  and  assigns  for- 
ever, as  fully  and  absolutely  as  I,  W.  B.,  the  sheriff,  afore- 
said, may,  can,  or  ought  to,  by  virtue  of  the  said  writ,  and 
of  the  statute  in  such  case  made  and  provided,  grant,  bar- 
gain, sell,  release,  assign,  convey  and  confirm  the  same. 

In  witness  whereof,  I,  the  said  sheriff,  have  hereunto  set 
my  hand  and  seal,  the  day  and  year  first  above  written. 
Sealed  and  delivered  ) 

in  presence  of       \  W.  B.,  Sheriff,     [l.  s.] 


PRACTICAL  FORMS.  59 

[  No.  97.  ] 

Sherijfs  deed  in  partition  where  sale  is  ordered,  or  on  sale  of 

mortgaged  premises. 

This  indenture,  made  this  fourth  day  of  June,  1851,  be- 
tween W.  B.,  sheriff  of  the  county  of  Albany,  of  the  first 
part,  and  P.  K.,  of  the  city  of  Albany,  of  the  second  part : 

Whereas,  at  a  (special)  term  of  the  supreme  court,  held 
for  the  State  of  New  York,  at  the  city  hall  in  the  city  of 
Albany,  on  the  third  day  of  January,  1851,  before  Ira  Har- 
ris, Esq.,  one  of  the  Justices  of  said  court,  it  was,  among 
other  things,  ordered,  adjudged  and  decreed  by  the  said 
court,  between  A.  B.,  plaintiff,  and  C.  D.,  F.  E.,  and  G.  H., 
defendants,  that  all  and  singular,  the  premises  mentioned  in 
the  complaint  in  said  action,  and  hereinafter  described, 
together  with  all  and  singular  the  hereditaments  and  appur- 
tenances thereunto  belonging,  or  in  any  wise  appertaining, 
should  be  sold  at  public  auction  in  the  county  of  Albany, 
where  such  premises  are  situated,  by  and  under  the  direction 
of  the  sheriff,  residing  in  said  county,  after  such  sheriff  had 
given  the  public  notice  of  the  time  and  place  specified  in 
such  order  and  required  by  law,  and  the  rules  and  practice 
of  said  court.  And,  whereas,  the  said  sheriff,  party  of  the 
first  part,  to  these  presents,  in  pursuance  of  the  said  order, 
judgment  and  decree  of  the  said  court,  did,  on  the  first  day 
of  June,  1851,  sell  at  public  auction  in  the  rotunda  of  the 
Merchants'  Exchange,  in  the  city  of  Albany,  the  premises 
mentioned  in  the  said  order,  after  having  given  public  no- 
tice of  the  time  and  place  of  such  sale,  and  a  brief  descrip- 
tion of  the  said  premises  in  conformity  with  the  order  afore- 
said. And,  whereas,  at  said  sale  the  said  premises  were 
struck  off  to,  and  purchased  by  the  said  party  of  the  second 
part  to  these  presents,  at  and  for  the  sum  of  six  hundred 
dollars,  that  being  the  highest  sum  bidden  for  the  same. 

Now,  therefore,  this  indenture  witnesseth,  that  the  said 
party  of  the  first  part,  sheriff  as  aforesaid,  in  order  to  carry 
into  effect  the  sale  so  made  in  pursuance  of  the  said  decree 
of  said  court,  and  also  by  virtue  of  the  statute  in  such  case 


60  PRACTICAL  FORMS. 

made  and  provided,  and  in  consideration  of  the  sum  of  six 
hundred  dollars,  to  him  in  hand  paid,  by  the  said  party  of 
the  second  part,  the  receipt  whereof  is  hereby  confessed 
and  acknowledged,  hath  granted,  bargained,  sold,  aliened, 
released,  conveyed  and  confirmed,  and  by  these  presents 
doth  grant,  bargain,  sell,  alien,  release,  convey  and  confirm 
unto  the  said  party  of  the  second  part,  and  to  his  heirs  and 
assigns  forever,  (insert  description  of  land)  together  with 
all  and  singular  the  rights,  titles,  hereditaments  and  appur- 
tenances thereunto  belonging,  or  in  any  wise  appertaining. 
To  have  and  to  hold  all  and  singular  the  premises  above 
mentioned  and  described,  unto  the  said  party  of  the  second 
part,  his  heirs  and  assigns,  to  the  sole  and  only  proper  use, 
benefit  and  behoof  of  the  said  party  of  the  second  part,  his 
heirs  and  assigns  forever. 

In  witness  whereof,  the  said  party  of  the  first  part  has 
hereunto  set  his  hand  and  seal,  the  day  and  year  first  above 
written. 

W.  B.,  Sheriff.     [  l.  s.  ] 


[  No.  98.  ] 

Exoneretur — {to  he  endorsed  on  the  original  bail  piece.) 

The  within  defendant  having,  on  his  own  prayer,  (or  on 
the  prayer  of)  and  for  the  indemnity  of  his  manucaptors, 
been  committed  to  the  sheriff  of  Albany,  at  the  suit  of  the 
plaintiff  on  the  within  plea,  the  said  manucaptors  of  their 
recognizance,  within  contained,  are  fully  exonerated. 


[  No.  99.  ] 
Execution  for  interlocutory  costs. 

The  People  of  the  State  of  New  York,  to  the  sheriff  of 
the  county  of  Albany  : 

An  order  was  rendered  in  the  supreme  court  of  the  State 
of  New  York,  in  favor  of  M.  C,  plaintiff,  against  G.  H.,  de- 


PRACTICAL  FORMS.  (jl 

fentlant,  for  the  sum  of  ten  dollars,  on  the  sixth  day  of  Oc- 
tober, one  thousand  eif^ht  hundred  and  fitty-one,  and  fded  in 
the  clerk's  office  of  the  city  and  county  of  New  York. 

There  is  now  actually  due  on  said  order  the  sum  of  ten 
dolhirs,  and  interest  thereon  from  Oct.  6,  1851. 

You  are  therefore  required  to  satisfy  the  order  out  of  the 
]iersonal  property  belonging  to  the  defendant  in  your  county. 

Dated  May  26,  1851. 

A.  B.,  Plff's.  Atty. 

(Endorsed.) 

Title  of  the  action.  Execution  to  Albany  county,  A.  B., 
Plff's  Atty.  Levy  $10,  with  interest  from  the  6th  of  Oct., 
1851,  and  return  this  execution  within  sixty  days  after  its 
receipt  by  you  to  the  New  York  county  clerk's  office. 

A.  B.,  Plff's  Attorney. 


[  No.  100.  ] 
Execution  on  judgment  for  money. 

The  People  of  the  State  of  New  York,  to  the  sheriff  of 
the  county  of  Oswego  : 

A  judgment  was  rendered  in  the  supreme  court  of  the 
State  of  New  York,  in  favor  of  A.  B.,  plaintiff,  against  C 
D.,  and  E.  F.,  defendants,  for  five  hundred  dollars  and  twen- 
ty cents,  and  ton  dollars  and  fifty  cents  costs;  and  filed  in 
Albany  county  on  the  third  day  of  November,  one  thousand 
eight  hundred  and  fifty-one,  and  docketed  in  the  said  county 
of  Oswego  on  the  fifth  day  of  November,  one  thousand  eight 
hundred  and  fifty-one,  at  ten  o'clock,  A.  M.  There  is  now 
actually  due  on  said  judgment,  five  hundred  and  ten  dollars 
and  seventy  cents,  with  interest  from  Nov.  3,  1851. 

You  are  therefore  required  to  satisfy  the  judgment  out  of 
the  personal  property  of  the  defendants  ;  or  if  sufficient 
cannot  be  found,  then  out  of  the  real  property  in  your  coun- 
ty belonging  to  the  defendants,  (or  either  of  them,)  on  the 


02  PRACTICAL   FORMS. 

fifth  day  of  November,  one  thousand  eight  hundred  and  fifty 
one,  or  at  any  time  thereafter. 

Nov.  7,  1851. 

G.  H.,  Plff's  Atty. 

(Endorse  as  on  the  preceding.) 


[  No.  101.  ] 
Execution  on  judgment  for  money — {another  for  jn.) 

The  People  of  the  State  of  New  York  to  the  sheriff  of  the 
county  of  Yates,  greeting  : 

Whereas,  judgment  was  rendered  on  the  fifth  day  of  June 
one  thousand  eight  hundred  and  fifty-two,  in  an  action  in 
the  Supreme  Court,  between  M.  V.,  plaintiff,  and  0.  P., 
defendant,  in  favor  of  said  plaintiff,  against  said  defendant, 
for  the  sum  ©f  five  hundred  dollars,  as  appears  by  the  judg- 
ment roll,  filed  in  the  office  of  the  Clerk  of  the  county  of 
Wayne.  And  whereas,  said  judgment  was  docketed  in  your 
county  on  the  tenth  day  of  June  in  the  year  one  thousand 
eight  hundred  and  fifty-two,  and  the  sum  of  five  hundred 
dollars,  and  interest,  from  the  said  fifth  day  of  June,  is  now 
actually  due  thereon.  Therefore  we  command  you,  that 
you  satisfy  the  said  judgment  out  of  the  personal  property 
of  said  defendant  in  your  county,  or  if  sulilcient  personal 
property  cannot  be  found,  then  out  of  the  real  property  in 
your  county  belonging  to  said  defendant  (or  cither  of  them) 
on  the  day  when  the  said  judgment  was  so  dcjckeicd  in  3  our 
county,  or  at  any  time  thereafter,  and  return  this  execution 
within  sixty  days  after  its  receipt  b}  }ou,  to  the  Clerk  of 
the  county  of  Wayne. 

Dated,  July  1,  1852. 

A.  B.,  Plaintiff's  Att'y. 

(Endorse  as  in  last  form.) 


PRACTICAL  FORMS  63 

[  No.  102.  ] 
Execution  against  an  executor. 

The  People  of  the  State  of  New  York,  to  the  sheriff  of 
the  county  of  Greene  : 

A  judgment  was  rendered  in  the  supreme  court  of  the 
State  of  New  York,  in  favor  of  G.  II.,  plaintiff,  against  L. 
M.,  as  executor  of  the  last  will  and  testament  of  B.  P.,  late 
of  the  county  of  Greene,  deceased,  (or  administrator  of  all 
and  singular,  the  goods,  chattels  and  credits  which  were  of 
B.  P.,  late  of  the  county  of  Greene,  deceased,  at  the  time  of 
his  death,  the  said  B.  P.  having  died  intestate,)  defendant, 
for  the  sum  of  four  hundred  dollars,  recovery,  and  twenty- 
five  dollars,  costs,  and  filed  and  docketed  in  Greene  county 
on  the  tenth  day  of  July  one  thousand  eight  hundred  and 
fifty-one,  at  two  o'clock,  P.  M.  There  is  now  actually  due 
on  said  judgment  four  hundred  and  twenty-five  dollars,  with 
interest,  from  July  10,  1851. 

You  are  therefore  required  to  satisfy  the  judgment  out  of 
the  personal  property  of  the  said  B.  P.  in  the  hands  of  the 
said  L.  M.  in  your  county. 

July  12,  1851. 

E.  C,  Plaintiff's  Att'y. 

(Endorse  as  in  last  form.) 


[  No.  103.  J 
Execution  against  the  person. 

The  People  of  the  State  of  New  York,  to  the  sheriff  of 
the  county  of  Saratoga,  greeting  : 

A  judgment  was  rendered  in  the  supreme  court  of  the 
State  of  New  York  in  favor  of  M.  B.,  plaintiff,  against  N. 
A.,  defendant,  for  one  hundred  dollars,  damages,  and  thirty- 
five  dollars,  costs,  and  filed  and  docketed  in  your  county  on 
the  tenth  day  of  August  one  thousand  eight  hundred  and 
fifty-one.  There  is  now  actually  due  on  said  judgment  one 
hundred  and  thirty-five  dollars,  with  interest  thereon  from 


54  PRACTICAL   FORMS. 

August  10,  1851.  An  execution  having  been  issued  to  the 
Sheriff  of  the  proper  county  against  the  property  of  the  said 
judgment  tlebtor  and  returned  wholly  unsatisfied  :  You  are 
therefore  required  to  arrest  the  said  N.  A.,  judgment  debtor 
as  aforesaid,  and  commit  him  to  the  jail  in  your  county  until 
he  shall  pay  the  judgment,  or  be  discharged  according  to 
law. 

September  5,  1851. 

R.  S.,  Plaintiff's  Att'y. 


[  No.  104.  ] 

Execution  for  the  delivery  of  possession  of  property. 

The  People  of  the  State  of  New  York,  to  the  sheriff  of  the 
county  of  Essex  : 

Whereas,  judgment  was  rendered  in  the  supreme  court  of 
the  State  of  New  York  in  favor  of  A.  L.,  plaintiff,  against 
R.  S.  defendant,  for  the  delivery  to  the  said  A.  L.  of  the 
possession  of  certain  real  (or  personal)  property,  (here  de- 
scribe property  as  in  the  judgment,)  as  appears  to  us  by  the 
said  judgment  filed  and  docketed  in  the  office  of  the  clerk 
in  your  county,  on  the  fourth  day  of  October,  one  thousand 
eight  hundred  and  fifty-one. 

You  are  hereby  required  to  deliver  to  the  said  A.  L., 
plaintiff,  aforesaid,  the  possession  of  the  said  real  (or  per- 
sonal) property,  and  return  this  execution  within  sixty  days 
after  its  receipt  by  you,  to  the  clerk  of  the  county  of  Essex. 


Oct.  20,  1851. 


R.  G.,  Plaintiff's  Att'y. 


f  No.  105.  ] 

Execution  for  the  delivery  of  possession  of  property,  and  for 

damages. 

To  the  sheriff  of  the  county  of  Chenango  : 

"Whereas,  judgment  was  rendered  in  the  supreme  court  of 
the  State  of  New  York,  in  favor  of  Z.  B.,  plaintiff,  against 


PRACTICAL  FORMS. 


65 


C.  M.,  defendant,  for  the  delivery  to  the  said  phiintiff  of  the 
possession  of  certain  real  (or  personal)  property,  to  wit  : 
(here  set  forth  the  property  as  in  the  judgment,)  and  also 
for  five  hundred  dollars  damages  and  costs,  as  appears  to 
us  by  the  judgment  roll  duly  filed,  and  the  judgment  docket- 
ed in  the  olTice  of  the  clerk  of  the  county  of  Chenango,  on 
the  nineteenth  day  of  October',  one  thousand  eight  hundred 
and  fifty-one.  There  is  actually  due  upon  the  said  judg- 
ment five  hundred  dollars,  and  interest  thereon  from  October 
19,  1851. 

You  are,  therefore,  hereby  required  to  deliver  to  the  said 
Z.  B.  the  possession  of  the  said  real  (or  personal)  property, 
and  also  to  satisfy  the  said  damages  and  costs  out  of  the 
personal  property  of  the  said  C.  M.,  defendant,  as  aforesaid  ; 
or  if  sufficient  cannot  be  found,  then  out  of  the  real  property 
in  your  county,  belonging  to  the  defendant,  on  the  nineteenth 
day  of  October,  one  thousand  eight  hundred  and  fifty-one, 
or  at  any  time  thereafter. 

October  20,  1851. 

I.  K.,  Plaintiff's  Att'y. 


f  No.  106.  ] 
Execution  against  property  after  affirmance  of  judgment. 

The  People  of  the  State  of  New  York,  to  the  sheriff  of 
the  county  of  Albany  : 

Whereas,   judgment   was   rendered   on  the   20th    day  of 
March,  1851,  in  an  action  in  the  supreme  court  between  J. 
M.,   plaintiff,  and  S.    K.,  defendant,  in  favor  of  the   said 
plaintiff  (or  defendant)  for  the  sum  of  one  hundred  dollars, 
as  appears  to  us  by  the  judgment  roll  filed  in  the  office  of 
the  clerk  of  the  county  of  Albany  ;  and,  whereas,  the  said 
defendant  (or  plaintiff)  did  appeal   from  the  said  judgment 
to  the  supreme  court  at  a  general  term  thereof,  (or  to  the 
court  of  appeals)  and  the  said  judgment  being  by  the  said 
supreme  court  (or  court  of  appeals)  in  all  things  affirmed,  it 
5 


(5(5  PRACTICAL  FORMS 

was  adjudged  by  the  said  court  that  the  said  plaintiff  (or 
defendant)  recover  from  the  said  defendant  (or  plaintiff)  the 
sum  of  ninety  dollars,  for  his  costs  and  disbursraents  upon 
such  appeal,  as  appears  to  us  from  the  judgment  roll  and 
proceedings  thereon,  (in  the  said  court  of  appeals,  remitted 
into  and)  filed  in  the  said  supreme  court,  upon  which  said 
judgment  there  is  now  actually  due  the  sum  of  one  hundred 
and  ninety-four  dollars  and  interest  thereon  from  the  16th 
day  of  July,  1851. 

You  are  therefore  required  to  satisfy  the  judgment  out  of 
the  personal  property  of  the  said  defendant  (or  plaintiff;) 
or  if  sufficient  cannot  be  found,  then  out  of  the  real  property 
in  your  county,  belonging  to  the  said  defendant  (or  plaintiff) 
on  the  sixteenth  day  of  July,  one  thousand  eight  hundred 
and  fifty-one,  or  at  any  time  thereafter. 

Dated  July  16,  1851. 

0.  M.,  Paintiff's 
(or  Defendant's)  Att'y. 

(Endorsed  title  of  the  action.) 

Execution  to  Albany  county,  0.  M.,  plaintiff's  (or  defend- 
ant's) attorney.  Levy  $194,  with  interest  from  July  16, 
1851,  and  return  this  execution  within  sixty  days  after  its 
receipt  by  you  to  the  Albany  county  clerk's  office. 

0.  M.,  Plaintiff's 
(or  Defendant's)  Att'y. 


[  No.  107.  j 

Execution  against  property  after  reversal  on  appeal. 

The  People  of  the  State  of  New  York,  to  the  sheriff  of 
the  county  of  Fulton  : 

Whereas,  M.  F.,  did  appeal  to  the  general  term  of  the 
supreme  court  (or  to  the  court  of  appeals)  from  a  judgment 
rendered  in  the  supreme  court  between  N.  G.,  plaintiff,  and 
M.  F.,  defendant,  in  favor  of  the  said  plaintiff  against  the 
said  defendant,  for  five  hundred  dollars,  and,  whereas,  the 


PRACTICAL   FORMS.  ^7 

judgment  was,  by  the  said  appellate  court,  in  all  things  re- 
versed, it  was  adjudged  by  the  said  appellate  court  that  the 
said  defendant  recover  from  the  said  plaintiff  the  sum  of  one 
hundred  dollars  for  his  costs  and  disbursements  upon  such 
appeal,  as  appears  to  us  by  the  judgment  roll  and  proceed- 
ings (remitted  and)  filed  in  the  said  supreme  court  on  the 
sixth  day  of  November,  one  thousand  eight  hundred  and 
fifty-one,  upon  which  said  judgment_there  is  now  actually 
due,  (conclude  and  endorse  as  in  the  previous  form.) 


[  No.  108.  J 

Habeas  corpus  ad  testificandum. 

The  people  of  the  State  of  New  York,  to  the  sheriff  of 
the  county  of  Albany  : 

We  command  you  that  you  have  the  body  of  N.  G.,  de- 
tained in  our  prison  under  your  custody,  as  it  is  said,  under 
safe  and  secure  conduct,  before  our  supreme  court,  at  a  cir- 
cuit court  to  be  held  at  the  city  hall  in  the  city  of  Albany, 
in  and  for  the  county  of  Albany,  on  the  first  Monday  of  April 
next,  to  testify  and  give  evidence  in  a  certain  action  now 
pending  in  our  said  supreme  court,  then  and  there  to  be  tried 
between  K.  L.,  plaintiff,  and  M.  B.,  defendant,  on  the  part 
of  the  plaintiff  (or  defendant,)  and  immediately  after  the 
said  N.  G.  shall  then  and  there  have  given  his  testimony  in 
the  said  action,  that  you  return  him  to  our  said  prison  under 
safe  and  secure  conduct.  And  that  you  have  then  there  this 
writ. 

Witness,  Ira  Harris,  Esq.,  one  of  the  justices  of  our  su- 
preme court,  the  20th  day  of  March,  1851. 

R.  L.,  Clerk. 

A.  B.,  Attorney. 
(Endorsed.) 

Allowed  March  20,  1851. 

IRA  HARRIS. 


68  PRACTICAL  FORMS. 

I   No.  109.  J 

Preliminary  Injunction. 

(Title  of  the  action.) 

It  appearing  from  the  complaint  in  this  action,  duly  veri- 
fied, and  from  the  affidavits  of  E.  J.  and  B.  E.,  that  the  said 
plaintiff  is  entitled  to  the  relief  demanded  in  the  complaint, 
and  that  such  relief  consists  in  restraining  the  said  defend- 
ant (here  set  forth  the  matter  prohibited  to  be  done.) 

Now,  therefore,  in  consideration  of  the  premises,  and  of 
the  particular  matters  in  the  said  complaint  and  affidavits 
set  forth,  I  do  hereby  command  and  strictly  enjoin  the  said 
defendant,  C.  M.,  and  all  his  councillors,  attorneys,  solicitors 
and  agents,  and  all  others  acting  in  aid  or  assistance  of  him 
and  each  and  every  of  them,  under  the  penalties  by  law  pre- 
scribed, that  he  and  they,  and  each  of  them,  go  absolutely 
resist  and  refrain  from  (insert  the  matter  prohibited  to  be 
done)  until  this  court  shall  have  made  further  order  there- 
upon.    July  1,  1851. 

A.  J.  PARKER. 


[  No.  110.  J 
Another  form  of  Preli7mnary  Injunction. 

The  People  of  the  State  of  New  York,  to  M.  P.,  and  to 
his  councillors,  attorneys,  solicitors  and  agents,  and  each 
and  every  of  them,  greeting  : 

Whereas,  it  has  been  represented  to  us  in  our  supreme 
court,  on  the  part  of  A.  B.,  complainant,  that  he  has  lately 
exhibited  his  complaint  in  our  said  court,  before  the  justices 
thi  reof,  against  you,  the  said  M.P.,to  be  relievedtouching  the 
matters  therein  complained  of;  in  which  it  is  stated  among 
other  things,  that  you  are  combining  and  confederating  with 
others,  to  injure  the  said  plaintiff,  touching  the  matters  set 
forth  in  the  said  complaint,  and  that  your  actings  and  doings 
in  the  premises  are  contrary  to  equity  and  good  conscience. 
We,  therefore,  in  consideration  thereof,  and  of  the  particu- 
lar matters  in  the  said  complaint  set  forth,  do  strictly  com- 
mand you,  the  said  M.  P.,  and  the  persons  before  mentioned, 


PRACTICAL  FORMS.  ^9 

and  each  and  every  of  you,  under  the  penalty  of  ten  thou- 
sand dollars,  to  be  levied  upon  your  lands,  goods  and  chat- 
tels, to  our  use,  that  you  do  absolutely  resist  and  refrain 
from  (insert  the  matter  prohibited  to  be  done)  until  our 
said  court  shall  have  made  furtlier  order  herein. 

Witness,   Ira   Harris,  Esq.,   one   of    the  justices   of  this 
court,  the  second  day  of  July,  1851. 
[  L.  s.  J  R.  L.,  Clerk. 

(Endorsed  "By  the  court."  R.  L.,  Clerk.) 


[  No.  111.  ] 
Perpetual  injunction. 

The  People  of  the  State  of  New  York,  to  C.  D.,  and  to 
his  councillors,  attorneys,  solicitors  and  agents,  and  each 
and  every  of  them,  greeting  : 

Whereas,  it  has  been  represented  to  us  in  our  supreme 
court,  on  the  part  of  A.  B.,  plaintiff,  that  he  has  lately  ex- 
hibited his  complaint  in  our  said  court  against  you,  the  said 
C.  D.,  for  relief,  touching  the  matters  in  the  said  complaint. 
And  whereas,  by  a  judgment  or  decree,  made  upon  the  hearing 
of  the  said  action,  on  the  third  day  of  July  last  past,  it  was 
ordered  and  decreed  by  our  said  court,  among  other  things, 
that  an  injunction  should  issue  under  the  seal  of  the  said 
court,  to  restrain  you,  the  said  C.  D.,  from  (here  set  forth 
the  matter  enjoined.)  We  do,  therefore,  in  execution  of  the 
said  decree,  hereby  firmly  enjoin  and  command  you,  and 
every  of  you,  that  from  and  immediately  after  being  served 
with  this  our  writ  or  notice  thereof,  you,  or  any  of  you,  do 
not  prosecute,  (here  set  forth  the  matter  enjoined  ;)  hut  that 
you,  and  every  of  you,  do  from  henceforth  entirely  cease 
and  desist ;  and  this  you  shall  in  no  wise  omit. 

Witness,  Ira  Harris,  one  of  the  justices  of  the  supreme 
court,  at  Albany,  this  tenth  day  of  December,  one  thousand 
eight  hundred  and  fifty-one. 

[l.  s.]  L.  R.,  Clerk. 

(Endorsed.     "  By  the  court."     L.  R.,  Clerk.) 


70  PRACTICAL   FORMS. 

[  No.  112.  J 
Interrogatories  to  examine  witness  on  commission. 

(Title  of  action.) 

Interrogatories  to  be  administered  to  A.  B.,  of  Springfield, 
in  the  State  of  Massachusetts,  a  witness  to  be  produced, 
sworn  and  examined  under,  and  by  virtue  of  the  annexed 
commission,  before  M.  C,  residing  in  said  Springfield,  the 
commissioner  therein  named,  in  a  certain  action  now  pend- 
ing, and  at  issue  in  the  supreme  court  of  the  State  of  New 
York,  wherein  D.  E.  is  plaintiff,  and  G.  R.  is  defendant,  on 
the  part  and  behalf  of  the  said  defendant  (or  plaintiff.) 

First  interrogatory. — What  is  your  name,  age,  occupation 
and  place  of  residence? 

Second  interrogatory. — Do  you  know  the  parties,  plaintiff 
and  defendant  in  this  action,  or  either,  and  which  of  them  ; 
and  how  long  have  you  known  them,  or  either,  and  which 
of  them? 

Third  interrogatory. — (If  it  relate  to  a  paper  to  be  proved.) 
Look  upon  the  paper,  writing,  (or  deed)  now  produced  and 
shown  to  you,  marked  A.  Was,  or  was  not  such  paper, 
writing,  (or  deed)  executed  in  your  presence  ?  If  yea,  by 
whom,  when,  and  where  ? 

(Proceed  with  other  interrogatories  according  to  the  state 
of  the  action.) 

Lastly. — Do  you  know  any  other  matter  or  thing  touch- 
ing the  matters  for  which  this  action  is  brought,  (or  defend- 
ed,) that  may  tend  to  the  benefit  or  advantage  of  the  said 
plaintiff  (or  defendant)?  If  yea,  declare  the  same  fully  and 
at  large,  as  if  you  had  been  particularly  interrogated  thereto. 

M.  P.,  Plaintiff's 
(or  Defendant's)  Att'y. 

Cross-interrogatories  to  the  above. 
Interrogatories  to  be  administered  by  way  of  cross-exami 
nation  to  A.  B.,  of  Springfield,  &c.,  (as  in  the  above  form.) 
First  cross-interrogatory . — Do  you,  &c.     (Proceeding  with 
each  cross-interrogatory  as  in  last  form.) 

G.  I.,  Defendant's 
(or  Plaintiflf's)  Att'y. 


PRACTICAL   FORMS.  71 

[   No.   113.    J 

Judgment  for  plaintiff  for  want  of  an  answer  or  demurrer. 

Supreme  Court. 

A.  B.  ) 

agt.    >  Judgment,  Nov.  5,  1851. 

C.  D.  ) 

The  summons  (with  a  copy  of  the  complaint)  in  this  action 
having  been  personally  served  on  C.  D.,  the  defendant, 
more  than  twenty  days  previous  to  this  date,  and  no  copy 
of  an  answer  or  demurrer  to  the  complaint  having  been 
served  on  the  plaintiff's  attorney,  as  required  by  the  sum- 
mons :  Now  on  motion  of  M.  R.,  plaintiff's  attorney,  it  is 
hereby  adjudged  that  A.  B.,  the  plaintiff,  recover  of  C.  D., 
the  defendant,  the  sum  of  one  hundred  dollars,  with  ten 
dollars  costs  and  disbursements,  amounting  in  the  w^hole  to 
one  hundred  and  ten  dollars. 

R.  L.,  Clerk. 


f  No.  114.  J 

Judgment  for  plaintiff  for  want  of  an  answer  or  demurrer 
where  only  a  part  of  defendants  served. 

(Title  of  action.) 

Judgment,  Nov.  6,  1851. 
The  summons  (with  a  copy  complaint)  in  this  action  having 
been  personally  served  on  C.  D.,  one  of  the  defendants, 
more  than  twenty  days  previous  to  this  date,  and  no  copy 
of  an  answer  or  demurrer  to  the  complaint  having  been 
served  on  the  plaintiff's  attorney,  as  required  by  the  sum- 
mons, and  it  is  here  suggested  that  service  of  summons  (and 
complaint)  has  not  been  made  upon  the  defendant,  G.  F.: 
Now  on  motion  of  M.  R.,  &c.,  (proceed  as  in  the  last  form 
to  the  end.) 


72  PRACTICAL  FORMS. 

[  No.  115.  J 

Judgment  on  application  to  the  court. 

At  a  special  term  (or  circuit)  of  the  supreme  court  for  the 
State  of  New  York,  held  at  the  City  Hall  in  the  city  of  Al- 
bany, on  the  fourth  day  of  November,  1851. 

Present,  Hon.  IRA  HARRIS,  Justice. 

A.  B. 

agt. 

C.  D. 

The  summons  (with  a  copy  of  the  complaint)  having  been 
personally  served  on  C.  D.,  the  defendant  in  this  action,  on 
the  first  day  of  October,  1851,  and  on  reading  and  filing  the 
affidavit  of  M.  R.,  plaintiff's  attorney,  showing  that  defend- 
ant has  not  appeared  or  demurred,  and  that  no  copy  of  an 
answer  or  demurrer  to  the  complaint  in  this  action  has  been 
served  on  the  plaintiff's  attorney,  as  required  by  the  sum- 
mons :  Now  on  motion  of  M.  R.,  plaintiff's  attorney,  it  is 
hereby  adjudged  that  A.  B.,  the  plaintiff,  recover  of  C.  D., 
the  defendant,  the  sum  of  one  thousand  dollars  with  fifteen 
dollars  and  fifty  cents  costs  and  disbursements,  amounting 
to  one  thousand  fifteen  dollars  and  fifty  cents  costs. 

R.  L.,  Clerk. 


[  No.  116.  J 

Judgment  for  plaintiff  on  issue  of  fact. 

(Title  of  action.) 

Judgment,  August,  10,  1851. 
This  action  having  been  tried  on  the  issue  of  fact,  and  the 
jury  having  found  a  verdict  for  the  plaintiff  for  the  sum  of 
one  thousand  dollars :  Now  on  motion  of  M.  R.,  plaintiff's 
attorney,  it  is  adjudged  by  the  said  court  that  the  plaintiff 
recover  of  the  defendant  the  said  sum  of  one  thousand  dol- 
lars, together  with  seventy-five  dollars  and  twenty-five 
cents  costs  and  disbursements,  amounting  to  one  thousand 

seventy-five  dollars  and  twenty-five  cents. 

R.  L.,  Clerk. 


PRACTICAL  FORMS.  73 

[  No.  117.  J 

Judgment  for  defendant. 

(Title  of  action.) 

Judgment,  Sept.  3,  1851. 
This  action  having  been  tried,  and  the  jury  having  found 
a  verdict  in  favor  of  the  defendant :  Now,  on  motion  of  R. 
M.,  defendant's  attorney,  it  is  adjudged  by  the  court  that 
the  said  defendant  recover  of  the  said  plaintiff  the  sum  of 
fifty  dollars  for  his  costs  and  disbursements,  which  he  has 
wrongfully  sustained  in  this  action. 

R.  L.  Clerk. 


[  No.  118.  ] 

Judgment  on  report  of  referees. 

(Title  of  action.) 

Judgment,  October  5,  1851. 
This  action  having  been  referred  to  A.  D.,  to  hear  and 
determine  the  same,  and  his  report  having  been  filed, 
whereby  he  finds  to  be  due  from  the  defendant  to  the  plain- 
tiff, the  sum  of  eighty  dollars  :  Now,  on  motion  of  M.  R., 
plaintiff's  attorney,  &c.,  (as  is  the  usual  form  to  the  end.) 


[  No.  119.  ] 

Judgment  after  nonsuit. 

(Title  of  action.) 

Judgment,  July  6,  1851. 
This  action  being  at  issue  on  the  facts,  and  having  come 
on  to  be  tried,  and  the  plaintiff  voluntarily  submitted  to  a 
nonsuit,  (or  having  been  nonsuited  by  the  court :)  Now,  on 
motion  of  R.  M.,  defendant's  attorney,  it  is  hereby  adjudged 
by  the  said  court,  that  the  said  defendant  recover  of  the 
plaintiff  the  sum  of  forty-five  dollars,  for  his  costs  and  dis- 
bursements in  this  action. 

R.  L.  Clerk. 


74  PRACTICAL  FORMS. 

[  No.  120.  ] 

Judgment  on  dismissal  of  complaint. 

(Title  of  action.) 

Judgment,  October  8,  1851. 
This  action  having  been  called  in  its  order  on  the  calen- 
dar, and  the  plaintiff  not  coming,  but  making  default  thereof, 
and  the  complaint  having  been  dismissed,  together  with  the 
costs  to  the  defendant :  Now,  on  motion  of  R.  M.,  &c.,  (as 
in  the  last  form  to  the  end.) 


[  No.  121.  ] 

Judgment  on  inquest. 

(Title  of  action.) 

Judgment,  September  9,  1851. 
This  action  having  been  moved  out  of  its  order  on  the 
calendar,  and  the  defendant  having  been  called,  came  not, 
but  made  default,  and  a  jury  trial  having  been  waived,  and 
the  issue  in  said  action  having  been  tried  by  the  court,  and 
the  decision  of  the  judge  filed,  whereby  he  finds  for  the 
plaintiff,  for  two  hundred  dollars  :  Now,  on  motion  of  M. 
R.,  plaintiff's  attorney,  it  is  adjudged  that  the  said  plaintiff 
recover  of  the  defendant  the  sum  of  two  hundred  dollars, 
together  with  forty-five  dollars  costs  and  disbursements, 
amounting  to  two  hundred  and  forty-five  dollars. 

R.  L.,  Clerk. 


[  No.  122.  ] 

Judgment  of  affirmance  on  appeal. 

(Title  of  action.) 

Judgment,  December  10,  1851. 

This   action  having   been  brought  to   a  hearing  upon  an 

appeal,  from  a  judgment  entered  in  the  county  (court)  of 

Schenectady  (county,)  on  the  third  day  of  June,  1851,  in 


PRACTICAL  FORMS.  75 

favor  of  the  above  named  plaintilf,  (or  defendant,)  against 
the  above  named  defendant,  (or  plaintiff,)  for  ninety-five  dol- 
lars (damages,)  costs  and  disbursements,  and  the  decision  of 
the  court  upon  the  said  appeal  having  been  filed,  whereby 
the  aforesaid  judgment  is  in  all  things  *  affirmed.  Now,  on 
motion  of  M.  R.,  plaintiff's  (or  defendant's)  attorney,  it  is 
adjudged  that  the  said  judgment  be,  and  the  same  is  here- 
by in  all  things  affirmed,  and  that  the  plaintiff  (or  defendant) 
recover  of  the  defendant  (or  plaintiff)  the  said  sum  of  ninety- 
five  dollars,  with  sixty-five  dollars  costs,  disbursements  and 
interest,  amounting  in  the  whole  to  one  hundred  and  fifty 
dollars. 

R.  L.,  Clerk. 


[  No.  123.  ] 

Judgment  on  reversal. 

(Same  as  above  to  the  *  then  add)  reversed.  Now  on 
motion  of  R.  M.,  defendant's  (or  plaintiff's)  attorney,  it  is 
adjudged  that  the  said  judgment  be,  and  the  same  hereby  is 
in  all  things  reversed,  and  that  the  said  defendant  (or  plain- 
tiff) recover  of  the  plaintiff  (or  defendant)  the  sum  of  fifty 
dollars  for  his  costs  and  disbursements,  upon  said  appeal. 

R.  L.,  Clerk. 


[  No.  124.  J 

Judgment  {interlocutory)  for  an  account. 

(Title  of  the  action.) 

Judgment,  Dec.  1,  1851. 
This  action  having  been  brought  on  to  be  heard,  and  the 
court  having  duly  considered  the  pleadings,  proofs  and  argu- 
ments :  it  is  ordered  and  adjudged  that  it  be  referred  to  A.  B., 
of  the  city  of  Troy,  as  referee,  to  take  a  mutual  account  of  all 
dealings  and  transactions  between  the  plaintiff  and  defendant 
in  this  action,  for  the  better  clearing  of  which  account,  the  par- 


76  PRACTICAL  FORMS. 

ties  are  directed  to  produce  before  the  said  referee,  upon  oath, 
all  deeds,  books,  papers  and  writings  in  their  custody  or 
power  relating  thereto,  and  are  to  be  examined  as  the  said 
referee  shall  direct,  who,  in  taking  the  said  account,  is  to 
make  unto  the  parties  all  just  allowance;  and  what  upon 
the  balance  of  the  said  account  shall  appear  to  be  due  from 
either  party  to  the  other,  is  to  be  paid  as  the  said  referee 
shall  direct.  And  this  court  doth  reserve  the  consideration 
of  the  costs  of  this  action,  and  of  all  further  directions,  un- 
til after  the  said  referee  shall  have  made  his  report ;  when 
either  party  is  to  be  at  liberty  to  apply  to  the  court,  as  occa- 
sion shall  require. 

R.  L.,  Clerk. 


[  No.  125.  ] 

Judgment  for  specific  performance. 

(Title  of  action.) 

Judgment,  December  6,  1851. 

This  action  having  been  brought  to  a  hearing  (for  fur- 
ther directions  on  the  report  of  P.  E.,  the  referee  to  whom 
the  same  stood  referred,  and  the  said  report,  together  with 
the  pleadings  and  proofs  having  been  read)  and  the  court 
having  duly  considered  the  said  (referee's  report,)  pleadings, 
proofs  and  arguments,  and  it  appearing  to  this  court  that 
the  agreements  in  the  said  complaint  mentioned  can  be  fully 
performed  :  it  is  thereupon  ordered,  adjudged  and  deter- 
mined, that  the  said  agreement  so  made  and  entered  into  be- 
tween the  plaintiff  and  defendant,  and  duly  proven  in  this 
action,  be  specifically  performed  And  it  is  further  ordered 
and  adjudged  that  the  said  plaintiff  do  (here  set  forth  what 
is  to  be  done  by  the  plaintiff.)  And  it  is  further  ordered  and 
adjudged  that  the  said  defendant  do  (here  set  forth  what  is 
to  be  done  by  the  defendant.)  And  it  is  further  ordered  that 
the  said  plaintiff  recover  of  the  defendant  one  hundred  dol- 
lars damages,  and  fifty  dollars  costs  and  disbursements, 
amounting  to  one  hundred  and  fifty  dollars. 

R.  L.,  Clerk. 


PRACTICAL  FORMS.  77 

[  No.  126.  ] 
Judgment  of  sale  in  foreclosure. 

(Title  of  action.) 

Judgment,  Dec.  20,  1851. 

This  action  having  been  this  day  brought  on  to  be  heard 
upon  the  complaint  filed  herein,  (on  the  general  answer  of 
the  infant  defendants,)  and  upon  the  report  of  A.  W.,  Esq., 
a  referee  duly  apjiointed  by  this  court,  which  report  bears 
date  the  16th  day  of  November,  1851,  and  was  made  in 
pursuance  of  an  order  of  this  court  heretofore  made  in  this 
action,  referring  it  to  the  said  A.  W.  to  compute  the  amount 
due  the  plaintitf  on  the  bond  and  mortgage  mentioned,  and 
set  forth  in  said  complaint. 

On  reading  and  filing  the  report  of  the  referee  named  in 
the  order  of  reference,  by  which  report  it  appears  that  four 
hundred  dollars  was  due  thereon  at  the  date  of  said  report : 
And  on  motion  of  M.  A,,  plaintiff's  attorney,  it  is  adjudged 
that  the  mortgaged  premises  described  in  the  complaint  in 
this  action  as  hereinafter  set  forth,  or  so  much  thereof  as 
may  be  necessary,  and  as  may  be  sold  separately  without 
prejudice  to  the  interest  of  the  owner  thereof,  be  sold  at 
public  auction,  in  the  county  of  Albany,  by  the  sheriff  of 
said  county  ;  that  the  said  sheriff  give  public  notice  of  the 
time  and  place  according  to  the  law  and  the  practice  of  this 
court  ;  that  either  or  any  of  the  parties  to  this  action  may 
purchase  at  such  sale  ;  that  the  said  sheriff  execute  to  the 
purchaser  or  purchasers  a  deed  or  deeds  of  the  premises 
sold  ;  that  out  of  the  moneys  arising  from  such  sale,  after 
deducting  the  amount  of  his  fees  and  expenses  on  such  sale, 
and  any  lien  or  liens  upon  said  premises  so  sold  at  the  time 
of  such  sale  for  taxes  or  assessments,  the  said  sheriff  pay  to 
the  plaintitf,  or  his  attorney,  the  sum  of  eighty  dollars 
adjudged  to  the  plaintiff  for  costs  and  charges  in  this  action, 
with  interest  from  the  date  hereof,  and  also  the  amount  so 
reported  due  as  aforesaid,  together  with  the  legal  interest 
thereon  from  the  date  of  the  said  feport,  or  so  much  thereof 
as  the  purchase  money  of  the  mortgaged  premises  will  pay 


78  PRACTICAL  FORMS. 

of  the  same,  and  take  a  receipt  therefor  and  file  it  with  his 
report  of  sale,  and  that  he  bring  the  surplus^moneys  arising 
from  said  sale,  if  an^  there  be,  into  court  without  delay,  to 
abide  the  further  order  of  this  court ;  that  he  make  a  report 
of  such  sale,  and  file  it  with  the  clerk  of  this  court  with  all 
convenient  speed  ;  that  if  the  proceeds  of  such  sale  be 
insufficient  to  pay  the  amount  so  reported  due  the  plaintiff, 
with  the  interest  and  costs  so  as  aforesaid,  the  said  sheriff 
specify  the  amount  of  such  insufficiency  in  his  report  of  sale, 
and  that  the  defendant,  J.  V.,  pay  the  same  to  the  plaintiff, 
and  that  the  purchaser  or  purchasers  be  let  into  possession 
on  production  of  the  sheriff's  deed,  and  a  certified  copy  of 
the  order  confirming  the  report  of  sale. 

And  it  is  further  adjudged  that  the  defendants,  and  all 
persons  claiming  under  them,  or  any  or  either  of  them,  after 
the  filing  of  such  notice  of  pendency  of  this  action,  be  for- 
ever barred  and  foreclosed  of  all  right,  title,  interest  and 
equity  of  redemption  in  the  said  mortgaged  premises  so  sold, 
or  any  part  thereof. 

The  following  is  a  description  of  the  mortgaged  premises: 
All  that  certain  lot  (here  insert  description  of  the  premises.) 

R.  L.,  Clerk, 


[  No.  127.  J 

Judgment  for  sale  in  foreclosure .,  part  not  due,  and  premises  can 

he  sold  in  parcels. 

(Title  of  action.) 

Judgment,  Dec.  2,  1851. 
This  action  having  this  day  been  brought  on  to  be  heard 
upon  the  complaint  filed  herein,  (on  the  general  answer  of 
the  infant  defendants,)  and  upon  the  report  of  A.  W.,  Esq., 
a  referee  duly  appointed  by  this  court,  which  report  bears 
date  the  30th  day  of  November,  1851,  and  was  made  in  pur- 
suance of  an  order  of  this  court  heretofore  made  in  this  ac- 
tion, referring  it  to  the  said  A.  W.,  to  compute  the  amount 


P.tACTICAL    FORMS.  79 

actually  clue  to  the  plaintiff  on  the  bond  and  mortgage  men- 
tioned in  the  complaint ;  also,  the  amount  secured  by  and 
unpaid  upon  said  bond  and  mortgage,  with  interest  thereon 
to  the  date  of  such  report ;  and  also  to  ascertain  the  situa- 
tion of  said  mortgaged  premises,  and  whether  the  same  can 
be  sold  in  parcels  without  injury  to  the  interests  of  the  par- 
ties ;  and  if  such  referee  would  be  of  the  opinion  that  the 
premises  cannot  be  sold  in  parcels  without  injury  to  the  in- 
terests of  the  parties,  then  that  he  report  his  reasons  for 
such  opinion  : 

On  reading  and  filing   said  report,  from  which  it  appears 
that  there  was  actually  due  to  the  said  plaintiff,  at  the  date 
of  said   report,  for  said   principal  and  interest,  the  sum  of 
five  hundred  dollars,  and  the   amount   secured  by  and  un- 
paid upon  said  bond  and   mortgage  with  interest  thereon  to 
the  dale  of  said  report,  is  the  sum  of  one  thousand  dollars; 
and  that  said  premises  can  be  sold  in  parcels  without  injury 
to  the  interests  of  the  parties  :     And  on  motion  of  M.  R., 
plaintiff's  attorney,  it  is  ordered  and  adjudged  that  so  much 
of  the  said  mortgaged  premises,  mentioned  in  the  complaint 
in  this  action  and  hereinafter  described,  as  may  be  sufficient 
to  raise  the  amount  so  reported  as  actually  due  to  the  plain- 
tiff for  the  principal  and  interest  and  the  costs  in  this  action, 
and  which  may  be  sold  separately,  without  material  injury 
to  the   parties   interested,  be   sold  at  public  auction  in  the 
county  of  Albany,  by  the  sheriff  of  said  county;  that  the 
said  sheriff  give  public  notice  of  the  time  and  place  of  such 
sale,  according  to  the  law  and  practice  of  this  court,  and 
that  the  plaintiff  or  any  of  the  parties  in  this  action  may 
become  the  purchaser  or  purchasers  at  such  sale ;  that  said 
sheriff  execute,  to  the   purchaser  or  purchasers,  a  deed  or 
deeds  of  the  premises  sold  ;  that  out  of  the  money  arising 
from  such  sale,  after  deducting  the  amount  of  his  fees  and 
expenses  on  such  sale,  and  any  lien  or  liens  upon  said  pre- 
mises so  sold  at  the  time  of   such  sale,  for  taxes  or  assess- 
ments, the  said  sheriff  pay  to   the  said   plaintiff,  or  his  at- 
torney, the  sum  of  eighty  dollars,  adjudged  to  the  plaintiff 
for  costs  and  charges  in  this  action,  with  interest  from  the 


go  PRACTICAL  FORMS. 

date  hereof,  and  also  the  amount  so  reported  as  actually  due 
as  aforesaid,  together  with  legal  interest  thereon  from  the 
date  of  said  report,  or  so  much  thereof  as  the  purchase  mo- 
ney of  the  mortgaged  premises  will  pay  of  the  same;  and 
that  the  sheriif  take  receipts  for  the  amounts  so  paid,  and 
file  the  same  with  his  report,  and  that  he  bring  the  surplus 
moneys  arising  from  said  sale,  if  any  there  be,  into  court 
without  delay,  to  abide  the  further  order  of  this  court.  And 
it  is  further  ordered  and  adjudged,  that  the  defendants  and 
all  persons  claiming  or  to  claim  from  or  under  them  or  any 
or  either  of  them  after  the  filing  of  such  notice  of  pendency 
of  this  action,  be  forever  barred  and  foreclosed  of  all  right, 
title,  interest  and  equity  of  redemption  to  as  much  of  said 
mortgaged  premises  as  shall  be  sold,  and  every  part  and 
parcel  thereof.  And  it  is  further  adjudged,  that  the  pur- 
chaser or  purchasers  of  said  mortgaged  premises  at  such 
sale,  be  let  into  possession  of  such  parts  thereof  as  shall  be 
purchased  by  them  respectively,  and  that  any  of  the  parties 
in  this  action  who  may  be  in  possession  of  said  premises,  or 
any  part  thereof,  which  may  be  sold,  and  any  person  who 
since  the  commencement  of  this  action,  has  come  into  pos- 
session of  them  or  either  of  them,  deliver  possession  thereof 
to  such  purchaser  or  purchasers,  on  production  of  the  sheriff's 
deed  for  such  premises,  and  a  certified  copy  of  the  order 
confirming  the  report  of  such  sale.  And  it  is  further  ad- 
judged, that  if  the  moneys  arising  from  said  sale  of  the 
whole  of  said  premises  shall  be  insufficient  to  pay  the 
amount  so  reported  as  actually  due  to  the  plaintiff  with  the 
interest  and  cost  and  expenses  of  sale  as  aforesaid,  the  said 
sheriff  specify  the  amount  of  such  deficiency  in  his  report  of 
sale,  and  that  the  defendant,  C.  D.,  pay  the  same  to  the 
plaintiff  with  interest  thereon,  and  that  the  plaintiff  have 
execution  therefor.  And  it  is  further  adjudged,  that  said 
plaintiff  be  at  liberty  at  any  time  hereafter,  as  any  instal- 
ment of  principal  or  interest  shall  become  due  on  said  bond 
and  mortgage,  to  apply  to  this  court  on  the  foot  of  this 
judgment  and  obtain  a  report  of  the  amount  which  shall  then 
be  due,  to  the  end,  that  on  the  coming  in  and  confirmation 


PRACTICAL   FORMS.  gj 

of  such  report,  a  judgment  may  be  made  for  a  sale  of  the 
residue  of  said  premises  not  sold  under  this  judgment  to 
satisfy  the  amount  which  shall  then  be  due,  with  interest  and 
the  costs  of  such  nport  and  sale.  And  in  case  said  premises 
shall  all  be  sold  under  this  judgment  to  ratify  the  amount 
now  actually  due,  with  interest  and  costs,  it  is  then  further 
ordered,  that  the  said  plaintiff  be  at.  liberty  at  any  time 
thereafter  when  any  future  instalment  of  principle  or  in- 
terest shall  fall  due  upon  said  bond  and  mortgage,  to  apply 
to  this  court  for  an  execution  against  said  defendant,  C.  D., 
who  is  personally  liable  for  the  payment  of  the  debt  secured 
by  the  said  mortgage,  for  the  amount  which  shall  then  be 
due,  with  interest  and  the  costs  of  such  application. 

The  following  is  a  description  of  the  premises  authorized 
to  be  sold  under  and  by  virtue  of  this  judgment,  viz  :  All 
that  certain,  &c.,  (insert  description  of  the  premises.) 

R.  L.,  Clerk. 


[  No.  128.  ] 
Judgment  of  sale  in  partition. 

(Title  of  action.) 

Judgment,  September  8,  1851. 

This  action  having  been  brought  on  to  be  tried  on  the 
complaint  therein,  the  answer  of  T.  B.  S.,  one  of  the  defend- 
ants, the  general  answer  of  the  infant  defendants  thereto, 
the  other  defendants  not  having  appeared  or  answered  said 
complaint,  and  upon  the  report  of  C.  P.,  referee,  duly  ap- 
pointed in  this  ction,  which  report  bears  date  the  25th  day 
of  August,  1851,  and  after  hearing  counsel  on  the  part  of 
the  plaintiff,  and  of  the  defendants  who  have  appeared  here- 
in, and  due  deliberation  being  thereupon  had,  this  court  doth 
order  and  adjudge  that  the  said  report  be,  and  the  same  is 
hereby  approved,  certified  and  confirmed. 

And  it  is  further  ordered  and  adjudged  that  the  parties  to 
this  action,  except  the  defendants,  A.  M.  S.,  widow  of  S. 
6 


g2  PRACTICAL  FORMS. 

S.  deceased,  are  seized  of,  and  entitled  to  the  lands,  tene- 
ments and  hereditaments  mentioned  in  the  complaint  in  this 
action,  and  hereinafter  described,  with  the  a])purtenances  as 
tenants  in  common  thereof  in  fee  simple,  and  that  the  res- 
pective rights  and  interests  of  the  said  parties,  plaintiffs  and 
defendants  therein,  are  such  as  are  ascertained  and  stated 
by  the  said  referee  in  his  report  aforesaid;  that  is  to  say  : 

The  plaintiffs  W.  H.  B.,  and  A.,  his  wife,  are  in  right  of 
the  said  A.,  seized  in  fee  simple,  and  well  entitled  to  the 
one-sixth  part  of  the  said  lands  and  tenements.  The  de- 
fendant, T.  B.  S.,  is  seized  in  fee  simple,  and  well  entitled 
to  the  one-sixth  part  of  the  said  lands  and  tenements,  sub- 
ject, however,  to  a  mortgage  thereon  given  to,  and  now  held 
by  S.  G.,  bearing  date  August  7,  1847,  and  on  which  there 
is  unpaid  the  sum  of  seven  hundred  dollars,  with  interest 
from  the  first  day  of  March,  1849. 

The  defendant  E.  L.  and  S.,  his  wife,  are  in  right  of  the 
said  S.,  seized  in  fee  simple,  and  well  entitled  to  the  one- 
sixth  part  of  the  said  lands  and  tenements. 

The  defendant  J.  S.  is  seized  in  fee  simple,  and  well  en- 
titled to  the  one-sixth  part  of  the  said  lands  and  tenements, 
subject,  however,  to  a  mortgage  executed  by  the  said  J.  S., 
and  A.,  his  wife,  to  G.  B.  J.,  of  the  city  of  Albany,  bearing 
date  the  third  day  of  August,  1849,  and  given  to  secure  the 
payment  of  the  sum  of  one  hundred  and  twenty-five  dollars, 
with  interest,  on  demand,  the  whole  of  which  is  still  due 
and  unpaid. 

The  defendant,  W.  K.,  and  S.,  his  wife,  in  right  of  the 
said  S.,  a  child  of  W.  S.,  jr.,  deceased,  are  seized  in  fee 
simple,  and  well  entitled  to  the  one-twelfth  part  of  the  said 
lands  and  tenements,  subject  to  the  dower  right  of  the 
defendant,  A.  M.  S.,  mother  of  the  said  S.  and  widow  of  W. 
S.  jr.,  deceased. 

The  defendant,  S.  S.,  the  only  other  child  of  the  said  W. 
S.,  jr.,  deceased,  is  seized  in  fee  simple,  and  well  entitled  to 
the  one-twelfth  part  of  the  said  lands  and  tenements,  subject 
to  the  right  of  dower  of  the  said  (iofendant,  A.  i\L  S.,  the 
mother  of  said  S.,  and  widow  of  the  said  W.  S.  jr.,  deceased. 


PRACTICAL  FORMS. 


83 


That  the  said  defendant,  A.  M.  S.,  widow  of  the  said  W. 
S.,  jr.,  deceased,  is  entitled  to  her  right  of  dower  in  the  one- 
sixth  part  of  the  said  lands  and  tenements,  of  which  the  said 
W.  K.,  and  S.,  his  wife,  and  the  said  S.  T.  are  so  s  ized  as 
aforesaid. 

The  defendants,  R.  G.  S.  and  S.  N.  S.,  the  only  children 
of  S.  H.  S.,  deceased,  are  each  seized  in  fee  simple,  and  well 
entitled  to  one-twelfth  part  of  said  lands  and  tenements, 
subject  to  the  right  of  dower  of  their  mother,  S.  S.,  widow 
of  the  said  S.  H.  S.,  deceased,  and  who  has  a  right  of  dower 
in  each  of  said  twelfth  parts. 

And  it  is  further  ordered  and  adjudged,  that  all  and  singu- 
lar the  premises  mentioned  in  the  complaint  in  this  action, 
and  described  as   follows  :  (insert  description   of  premises) 
be  sold  for  cash  at  public  auction  in  the  county  of  Albany, 
by  and  under  the  direction  of  C.  P.,  of  said  county,  the  re- 
feree above  named  ;  that  the  said  several  lots  be  sold  sepa.- 
rately,  or  in  such  portions  as  to  the  said  referee  may  seem  most 
for  the  interest  of  the  parties  interested  therein;  that  the 
said  referee  give  six  weeks'  previous  notice  of  the  time  and 
place  of  such  sale,  in  one  of  the  public  newspapers  printed 
in  said  county  where  the  said  premises  are  situated,  and  in 
such  other  manner  as  is  required  by  law,  and  the  rules  and 
practice  of  this  court ;  and  that  the  plaintiffs,  or  any  of  the 
parties  to  this  action  may  become  the  purchaser  or  purcha- 
sers thereof.     That  the   said   referee,  forthwith   after  said 
sale,  make  report  thereof  to  this  court.     And  after  his  re- 
port of  sale  shall  have  been  duly  confirmed,   and  the  judg- 
ment of  this  court  entered,  that  then  he  execute  a  deed  or 
deeds  of  the  said   premises,  to  the  purchaser  or  purchasers 
at  the  said  sale,  on  their  complying  with  the  conditions  upon, 
which  the  deeds  are  to  be  delivered  ;  and  that  such  sale  and 
conveyance  be  valid   and  effectual  forever.     And  it  is  further 
ordered  and  adjudged,  that  the  costs  of  the   parties  to  this 
action  be  first  apportioned  between  the  said  several  parcels 
of  land  and  premises  rateably,  and  paid  out  of  the  proceeds 
of  the  sale  thereol,  in  [)roportion  to  the  sums  for  which  they 
respectively  sell :  the  same  to  be  paid  to  the  respective  at- 
tornies  of  the  parties. 


34  PRACTICAL  FORMS. 

And  that  the  said  referee  in  like  manner,  retain  out  of  the 
proceeds  of  the  sale,  the  fees,  commissions  and  disburse- 
ments to  which  he  is  entitled  on  such  sale.  That  the  said 
referee  do  pay  and  discharge  out  of  the  proceeds,  all  taxes, 
charges  and  assessments  which  may  be  a  lien  upon  the  said 
premises,  or  any  part  thereof;  and  if  the  same  are  upon  a 
part  only,  then  that  such  referee  pay  the  same  out  of  the 
proceeds  of  such  part,  and  specify  the  same  in  his  final  re- 
port. That  the  said  referee  pay  to  S.  G.,  the  sum  of  seven 
hundred  dollars,  with  interest  thereon  from  the  first  day  of 
March,  1849,  out  of  the  share  or  proportion  of  the  proceeds 
arising  from  said  sale  of  the  defendant,  T.  B.  S.,  that  being 
the  amount  of  the  specific  lien  or  mortgage  upon  his  sixth 
part  of  the  lands  and  premises  aforesaid.  That  the  said  re- 
feree also  pay  to  G.  B.  J.,  the  sum  of  one  hundred  and 
twenty-five  dollars,  with  interest  from  the  third  day  of  Au- 
gust, 1849,  out  of  the  share  or  interest  of  J.  S.,  in  the  pro- 
ceeds arising  from  the  sale  of  the  premises  aforesaid,  that 
being  the  amount  of  the  specific  lien  or  mortgage  on  his  one- 
sixth  part  of  the  said  premises. 

And  it  is  further  ordered  and  adjudged  that  the  said  re- 
feree ascertain  and  report  whether  the  defendants  A.  M.  S., 
widow  of  W.  S.,  jr.,  deceased,  and  S.  S.,  widow  of  S.  H.  S., 
deceased,  are  willing  to  accept  in  lieu  and  instead  of  their 
dower  interest  in  the  premises  aforesaid,  a  sum  in  gross  in 
satisfaction  thereof  out  of  the  net  proceeds  of  the  respective 
one-sixth  part  of  the  said  premises,  whereof  their  respective 
husbands  died  seized,  according  to  their  rights  as  ascertain- 
ed in  the  report  of  the  said  referee,  and  what  would  be  a 
reasonable  satisfaction  for  their  respective  interests  on  the 
the  principles  applicable  to  life  annuities  ;  and  if  the  said 
A.  M.  S.  and  S.  S.  consent,  or  if  either  of  them  consent  to 
accept  such  gross  sum,  that  such  referee  pay  the  same  to 
them,  or  such  one  of  them  as  shall  give  such  consent,  upon 
their  executing,  acknowledging  and  delivering  to  the  said 
referee  a  release,  to  be  approved  of  by  said  referee,  of  ^11 
their  respective  right,  title  and  interest  in  the  premises,  and 
every  part  thereof.     But  if  they,  or  either  of  them,  refuse  to 


PRACTICAL  FORMS.  g5 

accept  a  gross  sum  in  lieu  of  their  or  her  dower  interest, 
then  it  is  further  ordered  and  adjudged  that  the  said  referee, 
after  paying  the  costs  and  disbursements,  taxes,  charges  and 
assessments,  do  for  the  one  so  refusing,  bring  one-third  of 
the  one-sixth  pari  ol'  the  net  proceeds  of  the  said  sale  into 
this  court,  to  be  invested  for  the  benefit  of  the  one  so  refus- 
ing ;  the  interest  or  dividends  thereon,  or  to  accrue  thereon, 
to  be  paid  over  to  the  one  so  refusing  during  her  natural  life. 

And  it  is  further  ordered  and  adjudged  that  the  said  re- 
feree pay  to  the  plaintiff  one  equal  sixth  part  of  the  net  pro- 
ceeds of  the  sale  of  the  said  premises  ;  one  other  equal  sixth 
part  thereof  to  the  defendant,  T.  B.  S.,  after  deducting  there- 
from the  amount  of  his  mortgage  to  S.  G.,  and  the  interest 
thereon  ;  one  other  sixth  part  to  the  defendant,  J.  S.,  after 
deducting  therefrom  the  amount  of  his  mortgage  to  G.  B.  J., 
and  the  interest  thereon  ;  one  other  sixth  part  thereof  to  the 
defendant,  E.  L.,  in  right  of  his  wife  S. 

That  the  said  referee  pay  to  W.  K.,  in  right  of  his  wife  S., 
and  to  S.  S.,  each  the  one-twelfth  part  of  said  net  proceeds, 
after  first  deducting  thereform  the  gross  sum,  M-hich  shall 
be  paid  to  A.  M.  S.  in  lieu  of  her  dower  interest,  if  she  shall 
consent  to  receive  the  same  ;  and  if  she  refuses  to  give  such 
consent,  then  to  pay  the  same,  after  deducting  therefrom  the 
amount  which  shall  be  brought  into  court  as  heretofore  di- 
rected. 

That  the  said  referee  bring  into  court  the  remaining  one- 
sixth  part  of  said  net  proceeds,  being  for  the  shares  of  the 
infant  defendants,  R.  G.  S.  and  S.  N.  S.,  children  of  S.  H.  S., 
deceased,  first,  however,  deducting  therefrom  the  gross  sum 
that  may  be  paid  to  their  mother,  S.  S.,  widow  of  the  said 
S.  H.  S.,  deceased,  in  lieu  of  her  dower  interest  on  the 
amount,  which  shall  be  brought  into  court  in  lieu  of  said 
dower  interest,  as  herein  before  directed,  in  case  of  her  re- 
fusal to  accept  such  gross  sum;  and  that  the  referee  take 
receipts  for  all  such  payments,  and  tile  them  with  his  report 
to  be  made  of  his  proceedings,  subsequent  to  the  confirma- 
tion of  his  report  of  sale. 


S6  PRACTICAL  FORMS. 

And  it  is  further  ordered  and  adjudged,  that  such  title 
deeds  and  writings  as  may  be  in  the  possession  or  under  the 
control  of  any,  or  of  either  of  the  parties,  and  as  appear  to 
relate  to  the  premises  aforesaid,  or  any  part  thereof,  be  de- 
posited with  the  clerk  of  this  court,  in  the  county  of  Albany, 
for  safe  custody,  there  to  remain  for  the  benefit  of  all  par- 
ties interested  therein. 

And  it  is  further  ordered  and  adjudged,  that  the  purchaser 
or  purchasers  of  any  or  either  of  said  lots  of  land,  at  such 
sale  be  put  into  possession  thereof;  and  that  any  of  the  par- 
ties in  this  action  who  may  be  in  possession  of  said  premi- 
ses, or  any  part  thereof,  and  any  person,  w'ho,  since  the 
commencement  of  this  action  has  come  into  possession  of 
them,  or  either  of  them,  deliver  possession  thereof  to  such 
purchaser  or  purchasers,  on  production  of  the  referee's  deed 
for  such  premises. 

And  it  is  further  ordered  and  adjudged  that  the  said  re- 
feree make  a  report  of  his  proceedings  under  this  order, 
subsequent  to  the  confirmation  of  his  report  of  sale,  to  be 
made  as  above  directed. 

R.  L.,  Clerk. 


[  No.  129.  ] 

Judgment  for  actual  partition. 

(Title  of  action.) 

Judgment,  June  2,  1852. 
This  action  having  been  brought  on  to  be  heard  upon  the 
report  of  A.  B.,  C.  D.,  and  E.  F.,  commissioners  appointed 
by  an  order  of  this  court,  and  on  reading  and  filing  said 
report  which  bears  date  the  tenth  day  of  December,  1851, 
by  which  it  appears  that  the  said  commissioners  have  made 
partition  of  the  premises  described  in  the  complaint  in  this 
action  between  the  said  G.  H.  and  J.  K.,  according  to  their 
respective  rights  and  interests  therein,  as  the  same  have 
been  ascertained,  declared  and  determined  by  this  court, 
and  by   which  said  partition  the   said  commissioners  have 


PRACTICAL  FORMS.  87 

divided  the  whole  of  said  premises  into  two  allotments  of 
equal  value,  and  have  set  off  in  severalty  to  the  said  G.  H., 
one  of  the  said  allotments  bounded  and  described  as  follows : 
(insert  description)  as  will  more  fully  appear  by  a  map  of 
said  partition  thereto  annexed  ;  and  also  by  which  partition 
the  said  commissioners  have  set  otf  in  severalty  to  the  said 
J.  K.,  the  other  of  the  said  allotments  which  is  bounded  and 
described  as  follows:  (insert  description)  as  will  also  more 
fully  appear  by  reference  to  said  map  of  the  partition  an- 
nexed to  such  report.  And  on  motion  of  M.  R.,  of  counsel 
for  the  plaintiff,  it  is  ordered  and  adjudged,  that  the  said 
report,  and  all  things  therein  contained,  do  stand  ratified  and 
confirmed,  and  that  the  partition  so  made  be  firm  and  effec- 
tual forever.  And  it  is  further  ordered, and  adjudged,  that 
the  said  G.  II.  and  J.  K.,  do  each  execute  under  their  hands 
and  seals,  and  acknowledge  and  deliver  to  the  other,  a  deed 
of  release  and  quit  claim  of  the  parcels  of  land  set  ofFto  each 
in  severalty  as  aforesaid.  And  it  is  further  ordered  and 
adjudged,  that  the  said  J.  K.  pay  to  the  said  G.  H.  the  sum 
of  fifty  dollars,  being  the  one-half  of  the  costs  and  charges 
of  the  proceedings  in  this  action,  and  that  the  said  G.  H. 
have  execution  therefor. 

R.  L.,  Clerk. 


[  No.  130.  J 

Another  judgment  for  partition. 

(Title  of  action.) 

December  10,  1S51. 
This  action  having  been  brought  on  to  be  heard  on  the 
pleadings  in  this  action,  and  on  the  report  of  A.  B.,  C.  D., 
and  E.  F.,  commissioners  appointed  by  -and  under  an  order 
of  this  court,  to  make  partition  of  the  land  and  ])remises 
mentioned  and  described  in  this  action,  amongst  the  several 
parties,  plaintiffs  and  defendants  in  this  action,  according  to 
their  several  rights  and  interest  therein  :     Thereupon,    on 


88  PRACTICAL  FORMS. 

reading  and  filing  said  report,  from  which  it  appears  that 
after  first  causing  the  same  to  be  carefully  surveyed,  and  a 
field  book  and  map  thereof,  made  by  a  surveyor,  by  them 
employed  for  that  purpose,  which  field  book  and  map  is  an- 
nexed and  referred  to  in  said  report,  they  proceeded  to  di- 
vide the  said  lands  and  premises  among  the  several  parties 
to  this  action,  according  to  their  respective  rights  and  inter- 
ests therein,  quantity,  quality  and  value  relatively  considered, 
and  did  thereupon  allot,  assign,  and  set  apart  to  the  said  H. 
J.,  the  one  equal  undivided  third  part ;  to  the  said  H.  H.,  the 
one  equal  undivided  third  part;  and  to  the  said  L.  H.,  the 
one  equal  undivided  third  part,  as  tenants  in  common  of  all 
those  certain  lots  described  in  the  said  field  book,  and  laid 
down  and  distinguished  on  the  said  map  as  lots  number  (in- 
sert description.) 

That  they  did  also  set  apart  and  assign  to  the  said  H.  S., 
to  hold  in  severalty  all  those  certain  lots  described  in  the 
said  field  book,  and  laid  down  and  distinguished  on  the  said 
map  as  lots  (insert  description.) 

That  they  did  also  set  apart  and  assign  to  the  said  N.  N. 
to  hold  in  severalty  all  those  certain  lots  described  in  the 
said  field  book,  and  laid  down  and  distinguished  on  said 
map  as  lots  (insert  description.) 

That  they  did  also  set  apart  and  assign  to  the  said  T.  N., 
to  hold  in  severalty,  all  those  certain  lots  described  in  the 
said  field  book,  and  laid  down  and  distinguished  on  said 
map  as  lots  (insert  description.) 

From  all  which  it  satisfactorily  appears  to  this  court  that 
the  report  of  the  said  commissioners,  and  the  partition  so  by 
them  made  as  aforesaid,  is  in  all  respects  just  and  equitable. 
And  on  reading  and  filing  said  report,  and  on  motion  of 
M.  R.,  attorney  for  plaintiff,  N.  S.  appearing  for  all  of  said 
defendants,  it  is  ordered  and  adjudged,  that  the  said  report 
be  confirmed,  and  that  the  said  partition  made  by  the  com- 
missioners of  partition  in  this  action  be,  in  all  respects,  rati- 
fied and  confirmed,  and  the  same  is  hereby  approved  and 
ratified  ;  and  it  is  further  ordered  and  adjudged,  that  the 
said  partition  be  firm  and  effectual  forever. 


PRACTICAL   FORMS.  g9 

And  it  is  further  ordered  and  adjudged,  that  the  costs  of 

the  several  parties  in  this  action,  including  all  charges  and 

expenses   incurred  to  effect  the  partition  in  this  action,  be 

fixed  at  one  hundred  dollars  and  be   paid  by  the   parties, 

plaintiffs  and  defendants  as  follows,  to  wit  :     The  said  H.  J., 

H.  H.  and  L.  H.  shall  each  pay  the  one-third  of  one-fourth 

part,  and  the  said  H.  S.,  N.  N.  and  T.  N.  shall  each  pay  the 

one-fourth  part  thereof. 

R.  L.,  Clerk. 


[  No.  131.  J 

Judgment  on  inquest — decision  of  court. 

At  a  circuit,  &c. 

A   trial  by  jury  having  been    waived   by  the  defendant 

by  failing  tq,  appear  at  trial,   and  the   questions  of  fact    in 

said  action   having  been  tried  by  the   court,  it  is  decided 

that  the  defendant  is  indebted  to  the  plaintiff  upon  the  note 

and  account  mentioned  in  the  complaint  in  this  action  in 

the  sum  of  one  hundred  dollars,  for  which  amount  let  judg 

ment  be  entered  with  costs. 

A.  J.  PARKER. 
Dated  June  8,  1852. 


[  No.  132.  ] 

Judgment  dissolving  marriage  because  of  adultery  {on  default 

of  defendant.) 

(Title  of  action.) 

December  9,  1851. 
This  action  having  been  brought  on  to  be  heard  upon  the 
complaint  herein,  and  upon  the  report  of  J.  K.,  a  referee 
duly  appointed  in  this  action,  from  which  it  appears  that  all 
the  material  facts  charged  in  the  said  complaint  are  true, 
and  that  the  defendant  has  been  guilty  of  the  several  acts  of 
adultery  therein  charged  ;  on  motion  of  M.  R.,  attorney  for 


90  PRACTICAL  FORMS. 

the  plaintiff,  it  is  ordered  and  adjudged,  tliat  the  marriage 
between  the  said  plaintiff  and  the  said  defendant  be  dis- 
solved, and  the  same  is  hereby  dissolved  accordingly  ;  and 
the  said  parties  are  and  each  of  them  is  freed  from  the  obli- 
gations thereof.  And  it  is  further  ordered  and  adjudged, 
that  it  shall  be  lawful  for  said  complainant  to  marry  again 
in  the  same  manner  as  though  the  said  defendant  was  actu- 
ally dead,  but  it  shall  not  be  lawful  for  the  said  defendant 
to  marry  again  until  the  said  complainant  is  actually  dead. 

R.  L.,  Clerk. 


[  No.  133.  J 

Judgment  dissolving  marriage  after  the  trial  of  an  issue. 

(Title  of  action.) 

December.  10,  1851. 
This  action  having  this  day  been  brought  on  to  be  heard, 
on  recording  and  filing  the  pleadings  and  report  of  the  re- 
feree duly  appointed,  in  pursuance  of  an  order  of  this  court, 
whereby  it  appears  that  the  said  defendant  has  been  found 
guilty  of  the  several  acts  charged  against  him  in  this  com- 
plaint in  this  action,  and  on  motion  of  M.  R.,  of  counsel 
for  plaintiff,  and  on  hearing  of  W.  N.,  of  counsel  for  defend- 
ant, it  is  ordered  and  adjudged  that  the  marriage,  (as  in  the 
last  preceding  form  to  the  end.) 


[  No.  134.  ] 

Judgment  for  a  limited  divorce  or  separation. 

(Title  of  action.) 

December  8,  1851. 
This  action  having  this  day  been  brought  on  to  be  heard 
upon  the  pleadings,  and  the  report  of  the  referee  duly  ap- 
pointed, and  the  court  having  duly  considered  the  said  re- 
feree's report  and  the  arguments  of  counsel,  and  it  appear- 
ing to  this  court  that  the  defendant  has  been  guilty  of  cruel 


PRACTICAL  FORMS.  91 

and  inhuman  treatment  of  the  plaintiff,  and  of  such  conduct 
towards  her  as  to  render  it  unsafe  and  improper  for  her  to 
cohabit  with  him  :  On  motion  of  M.  R.,  of  counsel  for  plain- 
tiff, and  on  hearing  W.  G.,  of  counsel  for  defendant,  it  is 
ordered  and  adjudged  that  the  said  plaintiff  and  defendant 
be  separated  from  bed  and  board  forever ;  provided  however, 
that  the  said  parties  may  at  any  time  hereafter,  by  their 
joint  petition,  apply  to  this  court  to  have  this  judgment 
modified  or  discharged  ;  and  that  neither  of  said  parties  shall 
be  at  liberty  to  marry  any  other  person  during  the  life  of 
the  other  party.  * 

And  it  is  further  ordered  and  adjudged  that  the  defendant 
pay  to  the  plaintiff  the  sum  of  one  thousand  dollars  per  an- 
num from  the  date  of  this  judgment,  in  semi-annual  payments, 
for  the  support  and  maintenance  of  the  plaintiff,  and  the 
children  of  the  marriage  named  in  the  complaint  in  this 
action,  and  that  he  give  security  to  the  clerk  of  this  court, 
to  be  approved  by  one  of  the  justices  thereof,  for  the  pay- 
ment of  the  said  sum. 

And  it  is  further  ordered  and  adjudged  that  the  said  plain- 
tiff have  the  care,  custody  and  education  of  the  said  child- 
ren of  the  said  marriage,  until  further  order  of  the  court. 

And  it  is  further  ordered  and  adjudged  that  the  defendant 
pay  to  the  said  plaintiff,  or  her  attorney,  one  hundred  dol- 
lars as  the  costs  of  this  action. 

R.  L.,  Clerk. 


[  No.  135.  ] 

Judgment  on  confession. 

(Title  of  action.) 

I,  A.  G.,  defendant,  hereby  confess  myself  indebted  to  D. 
B.,  plaintiff,  in  the  sum  of  five  hundred  dollars,  and  interest 
thereon  from  the  third  day  of  August,  1851,  and  hereby  au- 
thorize him,  or  his  executors,  administrators,  attorney  or 
assigns,  to  enter  a  judgment  against  me  for  that  amount. 


92  PRACTICAL  FORMS. 

The  above  indebtedness  arose  on  a  promissory  note  given 
by  me  for  value  received  to  the  said  plaintiff.  And  I  here- 
by state,  that  the  sura  above,  by  me  confessed,  is  justly  due 
to  the  said  plaintiff,  without  any  fraud  whatever. 

Dated  December  10,  1851. 

A.  G. 

County  of  Greene,  ss  :  A.  G.,  the  defendant  being  sworn, 
says,  the  above  statement  of  confession  is  true. 

A.  G. 

Sworn  before  me,  this   %  } 
10th  day  of  December,  1851,  \ 

L.  P.,  Justice  of  the  Peace. 


Judgment,  December  12,  1851. 
Upon  filing  the  foregoing  confession  and  affidavit,  on  mo- 
tion of  M.  R.,  plaintiff's  attorney,  it  is  hereby  adjudged 
that  the  plaintiff  recover  of  the  defendant,  the  sum  of  five 
hundred  and  twelve  dollars  and  fifty-three  cents,  with  five 
dollars  costs,  amounting  to  five  hundred  and  seventeen  dol- 
lars and  fifty  three  cents. 

R.  L.,  Clerk. 


{  No.  136.  ] 
^  Alternative  Mandamus. 

The  People  of  the  State  of  New  York,  to  (the  court,  board 
of  supervisors,  commissioners  of  highways,  or  other  persons 
to  whom  it  is  directed,)  greeting  :  Whereas,  (here  recite 
the  facts  or  statements  briefly  which  preceded  the  grava- 
men or  injury.)  Nevertheless,  you  (the  aforesaid  court  or 
officer,)  have  unjustly  (state  briefly  the  order  or  proceeding 
of  which  you  complain)  as  we  are  informed  by  his  complaint.* 

Now,  therefore,  we  being  willing  that  sji^edy  justice  should 
be  done  in  this  behalf,  to  him,  the  said  A.  B.,  do  command 
and  enjoin  you,  that  immediately  after  the  receipt  of  this 
writ,  you  (insert  the  thing  or  matter  required  to  be  done,  or 
omitted,  substantially  as  in  the   order  allowing  the  man- 


PRACTICAL  FORMS.  93 

danius)  or  that  you  show  cause  to  the  contrary  before  our 
supreme  court  at  the  city  hall  in  the  city  of  Troy,  county 
of  Rensselaer,  on  the  fifth  day  of  January,  1852;  lest  in 
your  default,  complaint  should  again  come  to  us,  and  how 
you  shall  have  executed  this,  our  writ,  make  known  to  us  to 
our  justices  of  our  said  supreme  court,  at  the  city  hall  in  the 
city  of  Troy  and  county  of  Rensselaer,  on  the  5th  day  of 
January,  1852,  and  have  you  then  and  there  this  writ. 

Witness,  Hon.  Ira  Harris,  Esq.,  one  of  the  justices  of  our 
supreme  court,  this  10th  day  of  December,  1851. 

By  the  court. 

[  L.  s.  ]  R.  L.,  Clerk. 


[  No.  137.  ] 

Peremptory  Mandamus, 

(As  in  the  last  form  to  the  asterisk)  and  which  complaint 
we  have  adjudged  to  be  true  as  appears  to  us  of  record, 
then  proceed  as  in  the  last  form  to  the  end,  omitting  ("  or 
that  you  show  cause  to  the  contrary  before  our  supreme 
court  at  the  city  hall  in  the  city  of  Troy,  county  of  Rensse- 
laer, on  the  fifth  day  of  January,  1852.") 


[  No.  138.  ] 

JVe  exeat — writ  of. 

The  People  of  the  State  of  New  York,  to  the  sheriff  of  the 
county  of  Albany  : 

Whereas,  it  is  represented  to  us  in  our  supreme  court 
before  the  justices  thereof,  that  N.  P.  is  greatly  indebted  to 
H.  G.,  and  the  said  H.  G.  has  commenced  an  action  in  our 
said  court  against  the  said  N.  P.,  which  said  action  is  now 
pending  and  undetermined ;  and  that  the  said  defendant 
designs  quickly  to  go  into  parts  without  this  State,  which 
tends  to  the  great  prejudice  and  damage  of  the  said  plaintitT: 


94  PRACTICAL   FORMS. 

Therefore,  in  order  to  prevent  this  injustice,  we  hereby  com- 
mand you  that  you  do  without  delay  cause  the  said  N.  P. 
personally  to  come  before  you  and  give  sufficient  security 
in  the  sum  of  five  thousand  dollars,  that  the  said  N.  P.  will 
not  go  nor  attempt  to  go  into  parts  without  our  State,  with- 
out leave  of  our  said  court.  And  in  case  the  said  N.  P. 
shall  refuse  to  give  such  security,  then  you  are  to  commit 
him,  the  said  N.  P.,  to  the  common  jail  of  your  county, 
there  to  be  kept  in  safe  custody  until  he  shall  do  it  of  his 
own  accord;  and  you  are  forthwith  to  make  and  return  a 
certificate  of  your  doings  herein  to  our  said  court,  together 
with  this  writ. 

Witness  (as  in  last  form.) 


[  No.  139.  ] 

JVote  of  issue  for  trial  at  the  circuit. 

Supreme  Court. 

A.  B.        C.  D.  ) 

agt.    (or)    ads.    >  Assumpsit  (or  Debt  as  the  case  may  be.) 
C.   D.         A.  B.  S 

Issue  joined,  December  5,  1851. 

M.  R.,  Plaintiff's  Att'y. 
R.  M.,  Defendant's  Att'y. 


[  No.  140.  j 

JVote  of  issve  for  general,  term. 

Supreme  Court.  Supreme  Court. 

A.  B.,  appellant,      )  (  C.  D.,  respondent, 

agt.  >  ( or )  <  ads. 

C.  D.,  respondent,  )  (  A.  B.,  appellant. 

Appeal  (or  Exceptions.) 

Issue  joined,  September  5,  1851. 

M.  R.,  Appellant's  Att'y. 

R.  M.,  Respondent's  Att'y. 


PRACTICAL  FORMS.  95 

[  No.  141.  J 

Motice  to  sheriff  to  return  execution. 

(Title  of  the  action.) 

To  W.  B.  Esq.,  sheriff  of  Albany  county. 
Sir :  You  are  hereby  notified  to  return  the  above  (or  tht- 
witiiin)  mentioned  execution  within  ten  days  after  tlie  ser- 
vice of  this  notice,  or  show  cause  at  a  special  term  of  this 
court,  to  be  held  at  the  City  Hall  in  the  city  of  Albany,  on 
the  last  Tuesday  of  January,  1852,  at  the  opening  of  court 
on  that  day,  why  an  attachment  should  not  issue  against 
you,  together  with  ten  dollars  costs  of  this  motion, 

January  2,  1852. 

M.  R.,  Plaintiff's  Att'y., 

Albany. 


[  No.  142.  ] 

JSl'otice  of  retainer. 

Supreme  Court. 
A.  B. 
ads. 
C.  D. 

Sir:     Please  to  take  notice  that  I  am  retained  as  attorney 

for  the  defendant  in  this  action.     New  York,  Jan.  2,  1852. 

Yours,  &c., 

H.  G.,  Defendant's  Att'y. 
M.  R.,  Esq.,  Plaintiff's  Att'y. 


[  No.  143.  ] 

Motice  of  retainer  and  demand  of  copy  complaint. 
(Title  of  action.) 

Sir :  Please  take  notice  that  I  have  been  retained  for  the 
defendant  in  this  action,  and  I  demand  that  a  copy  of  the 
plaintiff's  complaint  in  this  action  be  served  on  me  at  m\ 
office  in  the  city  of  New  York.     January  5,  1852. 

Yours,  &c., 

R.  M.,  Defendant's  Att'y. 
To  M.  R.,  E^q.,  Plaintiff's  Att'y. 


96  PRACTICAL  FORMS. 

[   No.  144.    ] 

JVotice  of  justijication  of  sureties. 

(Title  of  action.) 

Sir:  Please  take  notice  that  the  sureties  for  the  appel- 
lant (or  the  plaintiff,  or  defendant)  in  this  action  will  jus- 
tify before  M.  P.,  a  justice  of  this  court  (or  county  judge  of 
Albany  county,  or  justice  of  the  peace  of  Albany  county)  at 
his  office  in  the  city  of  Albany,  on  the  twentieth  day  of 
January  instant,  at  ten  o'clock  in  the  forenoon. 

Albany,  Jan.  11,  1852. 

Yours,  &c., 

E.  M.,  Plaintiff's  Att'y. 

To  G.  B.,  Defendant's  Att'y. 


[  No.  145.  J 

JVotice  of  adding  and  just  fying  other  sureties. 

(Title  of  action.) 

Sir  :  Please  take  notice,  that  N.  P.,  merchant,  of  the  city 
of  Albany,  and  M.  C,  hatter,  of  the  same  place,  will  be  add- 
ed to  the  sureties  already  put  in  for  the  appellant,  (or  plain- 
tiff, or  defendant,)  or  (will  be  substituted  for  the  sureties 
already  put  in,)  and  will  justify,  (as  in  last  form  to  the  end.) 


[  No.  146.  ] 

JYotice  of  undertaking  and  the  justif  cation  of  the  sureties. 

(Title  of  action.) 

Sir :  Please  take  notice,  that  the  within  is  a  copy  of  the 
undertaking  of  the  appellant,  (or  plaintiff  or  defendant)  in 
this  action,  and  that  the  persons  named  as  sureties  therein 
will,  (as  in  last  form.) 


PRACTICAL  FORMS.  97 

f  No.  147.  J 
J^otice  of  exception  to  security  of  bail  or  undertaking. 

(Title  of  action.) 

Sir:     Please  take  notice,  that  I  have  this  day  excepted, 
and  do  hereby  except   to  the   (form  and)   sufficiency  of  the 
security  filed  in  this  action. 
Troy,  January  3,  1852. 

Yours,  &c., 

E.  F.  Att'y  for  Plaintiff. 
To  M.  B.,  Esq.,  Att'y  for  Defendant. 


[  No.  148.  ] 

JYotice  of  amended  pleading. 

Sir  :     Please  take  notice,  that  the  within  is  a  copy  of  the 
amended  complaint  (answer  or  reply)  in  this  action. 
January  10,  1852. 

Yours,  &c., 

E.  N.,  Plaintiff's  Att'y. 
To  M.  B.,  Esq.,  Defendant's  Att'y. 


[  No,  149.  ] 

JVotice  of  assessment  of  plaintiff  ^s  damages  and  taxation  of 

costs. 

(Title  of  action.) 

Sir  :  Please  to  take  notice,  that  the  plaintiff's  damages 
will  be  assessed,  and  his  costs  taxed  by  R.  L.,  clerk  of  this 
court,  at  his  office,  in  the  City  Hall,  in  the  city  of  Albany, 
on  the  fifteenth  day  of  January  inst.,  at  ten  o'clock  in  Xht 
forenoon.     (Dated,  signed  and  directed  as  in  the  last  form.) 


98  PRACTICAL   FORMS. 

[  No.  150.  ] 

JVotice  ofjiling  security  for  costs. 

Sir :  Please  take  notice,  that  the  undertaking,  of  which 
the  within  is  a  copy,  has  been  duly  filed  in  the  office  of  the 
clerk  of  this  court,  at  the  city  of  Albany.  (Date  and  sign 
as  in  last  form.) 


[  No.  151.  ] 

JVotice  of  trial  at  Circuit. 

(Title  of  action.) 

Please  to  take  notice,  that  the  above  action  will  be  brought 
to  trial,  (and  an  inquest  taken  therein,)  at  a  circuit  court  ap- 
pointed to  be  held  in,  and  for  the  county  of  Albany,  at  the 
City  Hall,  in  said  city,  on  the  first  Monday  of  March  next, 
at  the  opening  of  the  said  court,  or  as  soon  thereafter  as 
counsel  can  be  heard.     Dated  January  10,  1852. 

Yours,  &c., 

M.  R.,  Att'y  for  Plaintiff 

(or  Defendant.) 
To  R.  M.,  Esq., 

Att'y  for  Defendant  (or  Plaintiff.) 


[  No.  152.  ] 

JVotice  of  trial  before  referees. 

(Title  of  action.) 

Please  to  take  notice,  that  this  action  will  be  brought  to 
a  hearing  before  G.  H.,  the  referee  appointed  herein,  at  his 
office,  in  the  city  of  Troy,  on  the  tenth  day  of  February 
next,  at  ten  o'clock  in  the  forenoon  of  that  day.  (Date  and 
sign  as  above.) 


PRACTICAL  FORMS.  99 

'■'■  [  No.  153.  ] 

JVotice  of  argument. 
(Title  of  action.) 

Please  to  take  notice,  that  the  exceptions  (or  appeal,  as 
the  case  may  be,)  in  the  above  action,  will  be  brought  on 
for  argument  before  this  court,  at  the  next  general  (or  spe- 
cial) term  thereof,  to  be  held  at  the  City  Hall,  in  the  city 
of  Albany,  on  the  fourth  day  of  February,  1852,  at  the  open- 
ing of  court  on  that  day,  or  as  soon  thereafter  as  counsel 
can  be  heard.     (Date  and  sign  as  in  the  usual  form.) 


[  No.  154.  ] 

JYotice  of  application  to  a  justice  for  a  commission. 
(Title  of  action.) 

Sir  :  Please  to  take  notice,  that  on  an  affidavit,  of  which 
the  within  is  a  copy,  (and  upon  the  pleadings  in  this  action,) 
an  application  will  be  made  to  Mr.  Justice  Harris,  at  his 
chambers  in  the  city  of  Albany,  on  the  twentieth  inst.,  for 
an  order  that  a  commission  issue  in  this  action,  to  be  directed 
to  A.  B.,  lawyer,  of  the  city  of  Boston,  authorizing  him  to 
examine  on  oath  D.  E.,  of  the  same  place,  as  a  witness  on 
the  part  of  the  defendant,  (or  plaintiff,)  on  interrogatories 
to  be  annexed  to  the  said  commission,  in  which  the  plain- 
tiff (or  defendant)  will  be  at  liberty  to  join.  (Date,  sign 
and  direct  as  in  the  usual  form.) 


[  No.  155.  ] 
JYotice  of  attending  justice  to  allow  interrogatories. 

(Title  of  action.) 

Sir  :  Please  to  take  notice,  that  the  interrogatories,  of 
which  the  within  is  a  copy,  will  be  presented  to  Hon.  Ira 
Harris,  at  his  office  in  the  city  of  Albany,  on  the  lOth  day 
of  February,  1852,  for  the  settlement  of  the  same.  (Date, 
&-C.,  in  the  usual  form.) 


[00  PRACTICAL  FORMS. 

[  No.  156.  ] 

JVoHce  of  motion  for  discovery  of  papers. 
(Title  of  the  action.) 

Sir:  Take  notice,  that  on  an  affidavit  (or  petition)  of 
which  the  within  (or  the  foregoing)  is  a  copy,  and  upon  the 
pleadings  in  this  action  a  motion  will  be  made  before  Mr. 
Justice  Harris,  at  his  office  in  the  city  of  Albany,  at  10 
o'clock  in  the  forenoon  on  the  20th  day  of  November,  1851, 
for  an  order  that  plaintiff  (or  defendant)  serve  on  the  de- 
fendant (or  plaintiff)  a  copy  of  the  contract  (or  papers)  in 
said  affidavit  mentioned,  and  for  such  other  or  further  order 
as  the  justice  may  deem  fit.     (Date  and  direct  in  usual  form.) 


[  No.  157.  J 

JVotice  of  settlement  of  exceptions,  ^c. 
(Title  of  action.) 

Sir :  Take  notice,  that  the  exceptions  (demurrer  to  evi- 
dence or  special  case  or  special  verdict,)  made  and  (here- 
with) served  on  you  in  this  action,  will  be  settled  before  his 
honor,  Mr.  Justice  Harris,  at  his  office  in  the  city  of  Albany, 
on  the  tenth  day  of  July,  1851,  at  nine  o'clock  in  the  fore- 
noon.    Albany,  June  20,  1851. 

Yours,  &c., 

H.  M.,  Att'y  for  Plaintiff 
To  M.  R.,  Esq.,  Att'y  (or  Defendant.) 

for  Defendant  (or  Plaintiff.) 


[  No.  158.  ] 

Jfotice  of  decision  of  justice  or  referee. 

(Title  of  action.) 

Sir  :  Please  to  take  notice,  the  within  is  a  copy  of  the 
decision  made  by  the  justice  (or  referees)  in  this  action,  and 
that  the  said  decision  is  (or  will  be)  filed  in  the  office  of  the 
clerk  of  county  of  Albany,  and  judgment  entered  thereon, 
on  the  fifth  day  of  July  next,  at  12  o'clock,  M.  (Date,  &c., 
as  above.) 


PRACTICAL  FORMS.  IQl 

[  No.  159.  J 

JVotice  of  taxation  of  cost. 

(Title  of  action.) 

Sir  :  Please  to  take  notice,  that  I  shall  apply  to  the  clerk 
of  the  county  of  Greene,  at  his  office  in  the  village  of  Cats- 
kill,  on  the  sixth  day  of  Septemi)er  inst.,  at  nine  o'clock  in 
the  forenoon,  to  insert  in  the  entry  of  judgment  in  this 
action  the  foregoing  (or  within)  sum  of  the  charges  for  costs 
therein.     (Date,  &c.,  in  the  usual  form.) 


[  No.  160.  ] 

JVotice  of  render  in  discharge  of  bail. 

(Title  of  action.) 

Sir  :  Take  notice,  that  the  above  named  defendant  was 
this  day  rendered  (or  did  render  himself)  in  discharge  of  his 
bail  in  this  action,  and  was  thereupon  committed  by  his 
honor,  Mr.  Justice  Watson,  to  the  sheriff  of  the  county  of 
Columbia.     Hudson,  October  10,  1851. 

Yours,  &c., 

M.  R.,  Defendant's  Att'y, 
To  G.  M.,  Plaintiff's  Att'y. 


[  No.  161.  ] 

JVotice  of  countermand. 

(Title  of  action.) 

Sir:  Take  notice,  that  I  hereby  countermand  the  notice 
of  assessment  of  damages  and  adjustment  of  costs  (or  of 
trial,  or  of  argument,  or  of  motion  for  judgment,)  heretofore 
given  you  in  this  action.     New  York,  January  30,  1852. 

Yours,  &c., 

L.  P.,  Plaintiff's 
G.  H.,  Defendant's  (or  Defendant's)  Att'y. 

(or  Plaintiff's)  Att'y. 


102  PRACTICAL  FORMS. 

[  No.  162.  ] 

JVotice  of  appeal  to  the  general  term  of  the  supreme  court. 

(Title  of  action.) 

To  R.  L.,  clerk  of  Albany  county,  and  A.  Y.  attorney  for 
plaintiff  (or  defendant): 

Gents :  PJease  to  take  notice,  that  the  defendant  (or 
plaintiff)  appeals  from  the  judgment  entered  in  this  action, 
to  the  general  terra  of  this  (or  the  supreme)  court.  Said 
judgment  was  entered  for  five  hundred  dollars  on  the  20th 
of  December,  1851.     Albany,  December  18,  1851. 

Yours,  &c., 
A.  Y.,  Plaintiff's  M.  R.,  Defendant's 

(or  Defendant's)  Att'y.  (or  Plaintiff's)  Att'y. 

(or  to  R.  L.,  Clerk  of  Albany  county.) 


[  No.  163.  ] 

JYotice  of  examination  of  party  out  of  court. 

(Title  of  action.) 

Sir  :  Take  notice,  that  I  will  examine  M.  P.,  the  defend- 
ant (or  plaintiff)  in  this  action,  before  M.  B.,  county  judge 
of  the  county  of  Greene,  (or  a  justice  of  this  court,)  at  his 
office  in  the  village  of  Catskill,  on  the  first  day  of  Decem- 
ber next,  at  eleven  o'clock  in  the  forenoon. 
Troy,  November  8,  1851. 

Yours,  &c., 

M.  R.,  Att'y  for  Plaintiff, 

(or  Defendant.) 
J.  G.,  Att'y  for  Defendant  (or  Plaintiff.) 


[  No.  164.  ] 

JVotice  of  no  personal  claim  on  defendant  in  foreclosure. 

(Title  of  the  action.) 

To  J.  B.,  one  of  the  above  named  defendants : 
Sir :     The  summons  herewith  served  upon  you  in  this  ac- 
tion, is  issued  upon  a  complaint  praying  the  foreclosure  of 


PRACTICAL   FORMS.  103 

a  mortgage,  executed  by  S.  V.,  and  M.  his  wife,  to  C.  K., 
on  the  29th  day  of  October,  1848,  recorded  in  the  Albany 
county  clerk's  office,  in  book  of  naortgages  No.  150,  page 
600,  on  the  30th  day  of  October,  1848,  for  the  sum  of  five 
hundred  dollars,  with  interest  from  that  date,  payable  semi- 
annually, upon  the  following  described  premises  :  (insert  de- 
scription) and  no  personal  claim  is  .made  against  you,  or 
against  any  defendant,  except  the  said  defendant,  S.  V. 
Dated  December  12,  1851. 

M.  R.,  Plaintiff's  Att'y,  Albany. 


[  No.  165.  ] 

JVotice  of  lis  pendens  in  foreclosure. 

(Title  of  the  action.) 

Notice  is  hereby  given  that  an  action  has  been  commenced 
in  this  court  upon  a  complaint  of  the  above  named  plaintiff, 
against  the  defendants  above  named,  for  the  foreclosure  of 
a  mortgage  bearing  date  the  29th  day  of  Oct.,  1848,  execu- 
ted by  S.  v.,  and  M.  his  wife,  to  C.  K.,  recorded  in  the  Al- 
bany county  clerk's  office,  in  book  of  mortgages  No.  150, 
page  600  ;  and  that  the  premises  mentioned  in  and  affected 
by  said  mortgages,  were,  at  the  time  of  the  commencement 
of  this  action,  and  the  time  of  filing  this  notice,  situated  in 
the  sixth  ward  of  the  city  of  Albany,  and  are  described  in 
the  said  mortgage  as  follows  :  (insert  description  of  premi- 
ses.)    Dated  Albany,  August  9th,  1850. 

M.  R.,  Plaintiff's  Att'y. 


[  No.  166.  j 

JVotice  of  lis  pendens  in  partition. , 

(Title  of  the  action.) 

Notice  is  hereby  given  that  an  action  has  been  commenced 
in  this  court  upon  a  complaint  of  the  above  named  plaintiff. 


104  PRACTICAL  FORMS. 

against  the  above  named  defendants,  for  the  purpose  of  ob- 
taining a  partition  and  division  of  the  premises  therein  de- 
scribed among  the  owners  thereof,  by  commissioners  to  be 
appointed  for  that  purpose ;  or  for  a  sale  thereof  under  the 
direction  of  this  court,  and  for  a  division  of  the  proceeds  of 
such  sale  among  such  owners,  according  to  their  several  and 
respective  rights  and  interests  therein ;  which  premises  are 
described  in  the  said  complaint  as  follows,  to  wit :  (insert 
description.) 

M.  R.,  Plaintiff's  Att'y. 
December  5,  1851. 


[  No.  167.  ] 

Jfotice  of  no  personal  claim  in  partition. 

(Title  of  action.) 

To  C.  D.,  one  of  the  above  named  defendants : 

Sir  :  Please  to  take  notice,  that  the  summons  herewith 
served  upon  you  in  this  action  is  issued  upon  a  complaint 
praying  the  partition  and  division  of  the  premises  therein 
described,  among  the  owners  thereof,  by  commissioners  to 
be  appointed  for  that  purpose  ;  or  for  a  sale  thereof,  under 
the  direction  of  this  court ;  and  for  a  division  of  the  pro- 
ceeds of  such  sale  among  such  owners,  according  to  their 
several  and  respective  rights  and  interests  therein.  And  no 
personal  claim  is  made  against  you,  or  against  any  of  the 
defendants.  The  premises  sought  to  be  divided,  are  de- 
scribed in  the  said  complaint  herein  as  follows,  to  wit:  (in- 
sert description.) 

January  30,  1852. 

A.  B.,  Plaintiff's  Att'y, 

Albany. 


1 


PRACTICAL  FORMS.  105 

[  No.  168.  J 

JYotice  of  substitution  of  attorney. 

(Title  of  action.) 

Take  notice,  that  the  undersigned  has  been  substituted  in 
the  place  oi  A.  B.,  Esq.,  as  attorney  for  the  above  named 
defendant  (or  plaintiff)  in  this  action.     Feb.  5,  1852. 

Yours,  &c., 

N.  A.,  Att'y  for  Defendant 

(or  Plaintiff.) 
To  G.  C,  Esq.,  Att'y  for 

Plaintiff  (or  Defendant.) 


[  No.  169.  J 

JVotice  of  claim  to  surplus  moneys. 

(Title  of  action.) 

To  R.  L.,  clerk  of  the  county  of  Albany,  and  to  M.  R., 
attorney  for  plaintiff: 

Gents  :  Take  notice,  that  we,  the  subscribers,  have  a  claim 
on  the  surplus  proceeds  of  the  sale  made  on  the  6th  of  Feb- 
ruary instant,  under  an  order  in  the  above  entitled  action, 
and  that  said  claim  amounts  to  one  thousand  dollars,  and 
interest  thereon  from  the  first  day  of  December,  1850,  by 
virtue  of  a  lien  under  a  judgment  against  (or  mortgage  given 
by)  S.  M.,  the  above  defendant,  while  the  said  S.  M.  was  the 
owner  of  the  equity  of  redemption  in  the  mortgaged  pre- 
mises, and  before  the  commencement  of  this  action,  which 
lien  is  next  in  priority  after  the  mortgage  of  the  complain- 
ant in  this  action.     Albany,  February  10,  1852. 

A.  B. 
C.  D. 

P.  B.,  Attorney. 


106  PRACTICAL  FORMS. 

[  No.  170.  ] 

JYotice  of  a  judge's  order. 

Take  notice,  that  the  within  is  a  copy  of  an  order  made  by 

Mr.  Justice  Harris  in  the  within  entitled  action. 

January  30,  1852. 

Yours,  &c., 

R.  M.,  Plaintiff's  Att'y. 
To  J.  H.,  Defendant's  Att'y. 


[  No.  171.  ] 

Demand  to  have  the  action  tried  in  the  'proper  county. 

(Title  of  action.) 

Sir  :  Please  take  notice,  that  the  defendant^  hereby  de- 
mands that  the  trial  of  this  action  be  had  in  the  county  of 
Orange,  instead  of  the  county  of  New  York. 

February  7,  1852. 

Yours,  &c., 

M.  R.,  Defendant's  Att'y, 

To  A.  B.,  Esq.,  Plaintiff's  Att'y.  Goshen. 


[  No.  172.  ] 

JVotice  of  offer  to  compromise. 

(Title  of  action.) 

Sir :  Please  to  take  notice,  that  the  defendant  hereby 
offers  to  let  judgment  be  entered  against  him,  in  favor  of  the 
plaintiff  in  this  action,  for  the  delivery  to  him,  the  said 
plaintiff,  of  the  following  described  property,  being  part  of 
the  property  mentioned  in  the  complaint,  viz  :  (here  describe 
property  particularly)  or  (for  the  sum  of  one  hundred  dol- 
lars,) together  with  seven  dollars  costs  and  the  disburements 
in  this  action.     December  20,  1851. 

Yours,  &c., 

R.  G.,  Defendant's  Att'y. 

To  H.  L.,  Esq.,  Plaintiff's  Att'y. 


PRACTICAL  FORMS.  107 

[  No.  173.  ] 

J^otice  of  acceptance  of  offer. 

(Title  of  action.) 

Sir:     Take  notice,  that  the  plaintiff  hereby  accepts  the 
offer  of  the  defendant,  to  let   judgment  be  entered  against 
him,  the  said  defendant,  for  one   hundred  dollars,  together 
with  seven  dollars  costs  and  the  disbursements  herein. 
December  25,  1851. 

Yours,  &c., 

R.  H.,  Plaintiff's  Att'y. 
M.  B.,  Esq.,  Defendant's  Att'y. 


[  No.  174.  J 

Demand  of  copy  of  an  account. 

(Title  of  action.) 

Sir :  I  hereby  demand  a  (verified)  copy  of  the  items  al- 
leged in  the  complaint  (or  set  up  in  the  defendant's  answer) 
in  this  action.     December  3,  1851. 

Yours,  &c., 

S.  W.,  Att'y  for  Defendant, 
To  G.  B.,  Esq.,  (or  Plaintiff,)  New  York. 

Att'y  for  Plaintiff  (or  Defendant.) 


[  No.  175.  J 

JVolice  to  sheriff  requiring  delivery  of  personal  property. 

To  the  sheriff  of  the  county  of  Greene  : 
Sir  :     Please   take  notice,   that  I  hereby  require  you  to 
take  the   personal   property  mentioned  and   set  forth  in  the 
within  affidavit,  and  deliver  the  same  to  the  plaintiff  in  this 
action.     February  8,  1852. 

Yours,  &c., 

M,  A.,  Plaintiff's  Att'y. 


108  PRACTICAL  FORMS. 

[  No.  176.  ] 

JVotice  to  sheriff  of  claim  to  personal  property  by  third  person. 

To  L.  B.,  Esq.,  sheriff  of  Greene  county: 
Take  notice,  that  I  claim  the  personal  property  heretofore 
taken  by  you,  and  mentioned  and  described  in  the  foregoing 
affidavit,  and  require  the  delivery  thereof  to  me. 
February  9,  1852. 

Yours,  &c., 

A.  B. 


[  No.  177.  J 

JVotice  by  sheriff  that  a  third  person  claims  personal  property. 

(Title  of  action.) 

Sir :  Please  take  notice,  that  A.  B.  claims  the  property 
taken  by  me  in  this  action,  and  that  I  require  to  be  indem- 
nified by  the  plaintiif  against  such  claim ;  and  without  such 
indemnity,  I  shall  not  deliver  such  property  to  the  plaintiff, 
or  keep  the  same  in  my  possession.     February  10,  1852. 

W.  B.,  Sheriff. 
To  G.  L.,  Esq., 

the  above  named  Plaintiff's  Att'y. 


f  No.  178.  J 

JVotice  to  sheriff  to  return  to  defendant  personal  property. 

(Title  of  action.) 

To  W.  B,,  Esq.,  sheriff  of  Greene  county  : 
I  hereby  require  that  you  return  to  me  the  personal  pro- 
perty taken  by  you  in  this  action.     February  11,  1852. 
Yours,  &c., 

C.  G., 
by  M.  C,  Defendant's  Att'y. 


PRACTICAL   FORMS.  109 

[  No.  179.  ] 

JVotice  of  filing  remittitur. 

(Title  of  action.) 

Sir  :  Please  to  take  notice,  that  the  remittitur  in  the 
above  action  has  been  filed  in  the  Albany  county  clerk's 
office,  and  thai  judgment  will  be  entered  thereon,  and  costs 
taxed  by  the  clerk  of  the  said  county,  on  the  15th  inst.,  at 
ten  o'clock,  A.  M.     February  3,  1852. 

Yours,  &c., 

G.  B.,  Att'y  for  Appellant. 
To  E.  M.,  Esq.,  Att'y  for  Resppndent. 


[  No.  180.  J 

Jfotice  of  motion  that  defendant  he  discharged  from  arrest. 

(Title  of  action.) 

Sir:  Please  to  take  notice,  that  upon  an  affidavit,  with  a 
copy  whereof  you  are  herewith  served,  a  motion  will  be  made 
before  his  honor.  Justice  Harris,  at  his  office,  in  the  city  of 
Albany,  on  the  20th  inst.,  at  ten  o'clock,  A.  M.,  that  the 
defendant  in  this  action  be  discharged  from  arrest  herein. 

February  10,  1852. 

Yours,  &c., 

M.  R.,  Defendant's  Att'y. 

To  E.  B.,  Esq.,  Plaintiff's  Att'y. 


[  No.  181.  J 
JVotice  of  motion  to  set  aside  judgment  on  default  as  irregular. 

(Title  of  action.) 

Sir  :  Please  to  take  notice,  that  upon  the  affidavit,  with 
a  copy  of  which  you  are  herewith  served,  this  court  will  be 
moved  at  the  next  special  term  thereof,  to  be  held  at  the 
City  Hall,  in  the  city  of  Albany,  on  the  last  Tuesday  of 


110  PRACTICAL  FORMS. 

February  instant,  at  the  opening  of  the  court,  that  the  judg- 
ment entered  by  default  against  the  defendant  in  this  action, 
and  all  subsequent  proceedings  therein  be  set  aside  for  ir- 
regularity.    February  2,  1852. 

Yours,  &c., 

L.  B.j  Defendant's  Att'y. 
M.  A.,  Esq.,  Plaintiff's  Att'y. 


[  No.  182.  ] 

JYotice  of  motion  to  strike  out  counts  in  a  pleading. 

(Title  of  action.) 

Take  notice,  upon  an  affidavit,  a  copy  of  which  you  are  here- 
with served,  and  upon  all  the  papers  heretofore  served  in  this 
action,  this  court  will  be  moved  at  the  next  special  term 
thereof,  to  be  held  at  the  City  Hall,  in  the  city  of  Albany, 
on  the  last  Tuesday  of  January  inst.,  at  the  opening  of  the 
court,  that  the  fourth,  fifth  and  sixth  folios  of  the  plaintiff's 
complaint,  (or  the  defendant's  answer)  herein  be  stricken 
out,  as  irrevelant  (or  redundant.)     January  10,  1852. 

Yours,  &c., 

M.  C,  Att'y  for  Plaintiff 

(or  Defendant.) 
To  A.  B.j  Esq.,  Att'y  for  Defendant 

(or  Plaintiff.) 


[  No.  183.  j 

JVotice  of  motion  for  leave  to  amend  pleading. 

(Title  of  the  action.) 

Sir  :  Take  notice,  that  upon  an  affidavit  and  and  propos- 
ed amended  answer,  (complaint  or  reply,)  copies  of  which 
you  are  herewith  served,  and  upon  the  pleadings  served  in 
this  action,  a  motion  will  be  made  at  the  next  special  term 


PRACTICAL  FORMS.  l[[ 

of  this  court,  to  be  held  at  the  City  Hall,  in  the  city  of  Al- 
bany, on  the  last  Tuesday  of  January  inst.,  at  the  opening 
of  court,  for  leave  to  serve  an  amended  answer,  (complaint 
or  reply)  in  this  action,  or  for  such  other  or  further  order  as 
the  court  may  grant.     January  5,  1852. 

Yours,  &c., 

G.  W.,  Att'y  for  Defendant, 

(or  Plaintiff,)  Albany. 
To  W.  G.,  Esq.,  Att'y 

for  Plaintiff  (or  Defendant.) 


[  No.  184.  ] 

JVotice  of  motion  for  leave  to  serve  supplementary  pleading. 

(Like  the  last  form,  with  the  exception  of  substituting  the 
word  "  supplementary  "  in  place  of"  amended.") 


f  No.  185.  J 

JVotice  of  motion  to  consolidate  actions. 

(Titles  of  all  the  actions.) 

Sir  :  Please  to  take  notice,  that  on  the  first  Monday  of 
March  next,  at  a  special  term  of  this  court  to  be  held  at  the 
City  Hall,  in  the  city  of  Albany,  at  ten  o'clock,  A.  M.,  a 
motion  will  be  made  that  all  these  actions  be  consolidated 
into  one,  upon  such  terms  and  conditions  as  the  court  shall 
direct,  and  this  motion  will  be  founded  on  an  affidavit,  a 
copy  of  which  is  herewith  served,  together  with  the  plead- 
ings in  the  said  several  actions.     Dated  February  10,  1851. 

A.  C.J  Att'y  for  Defendant, 

To  B.  E.,  Esq.,  Albany. 

Att'y  for  Plaintiff. 


212  PRACTICAL  FORMS. 

[  No.  186.  ] 

JVotice  of  motion  to  change  place  of  trial, 

(Title  of  action.) 

Sir  :  Please  to  take  notice,  that  upon  an  affidavit  of  which 
the  foregoing  is  a  copy,  and  upon  the  pleadings  in  this  ac- 
tion, this  court  will  be  moved  at  the  next  special  term  there- 
of, to  be  held  at  the  city  hall,  in  the  city  of  Albany,  on  the 
last  Tuesday  of  February  inst.,  at  ten  o'clock,  A.  M.,  that  the 
place  of  trial  in  this  action,  be  changed  from  the  county  of 
Albany  to  the  county  of  New  York.     February  3,  1852. 

Yours,  &c., 

B.  P.,  Defendant's  Att'y, 

New  York. 
To  C..G.,  Esq.,  Plaintiff's  Att'y. 


[  No.  187.  ] 

JVotice  of  motion  for  judgment  on  frivolous  answer  or  demurrer. 

(Title  of  action.) 

Sir  :  Please  to  take  notice,  that  I  shall  apply  to  Hon.  Ira 
Harris,  a  justice  of  this  court,  at  his  office  in  the  city  of  Al- 
bany, on  the  14th  day  of  Feb.  inst.,  at  9|  A.  M.,  for  judg- 
ment upon  the  demurrer  (or  answer)  in  this  action,  for  the 
frivolousness  thereof,  (and  if  judgment  is  rendered  for  the 
plaintiff  thereon,  the  costs  will  be  taxed  forthwith  by  the 
clerk  of  Albany  county,  at  his  office  in  the  city  hall  in  said 
city.)     Albany,  February  6,  1852. 

Yours,  &c., 

G.  M.,  Att'y  for  Plaintiff. 

To  E.  S.,  Esq.,  Att'y  for  Defendant. 


[  No.  188.  J 

JVotice  of  motion  for  reference. 

(Title  of  action.) 

Sir  :     Please  to    take   notice    that  upon    an  affidavit,  of 
which  the  within  is  a  copy,  this  court  will  be  moved,  at  the 


PIIACTICAL  FORMS.  [^3 

next  special  term  thereof,  to  be  held  at  the  City  Hall,  in  the 
city  of  Albany,  on  the  last  Tuesday  of  Feb.  inst.,  at  10  A. 
M.,*  that  this  action  be  referred  to  J.  K.,  B.  A.,  and  G.  Y. 
Albany,  February  2,  1852. 

Yours,  &c., 

E.  K.,  Att'y  for  Defendant 

(or  Plaintiff.) 
To  W.  Z.,  Esq.,  Att'y  for  Plaintiff 

(or  Defendant.) 


f  No.  189.  ] 

JYotice  of  motion  for  special  jury. 

(As  in  the  last  form  to  the  *  then  as  follows  :)  that  the  is- 
sue in  this  action  be  tried  by  a  struck  jury.  (Dated,  &c.,  as 
in  last  form.) 


[  No.  190.  ] 

J^otice  of  motion  for  a  foreign  jury. 

(As  in  last  form  but  one  to  the  *  and  then  as  follows  :)  that 
the  issue  of  this  action  be  tried  by  a  jury  of  the  county  of 
Greene.     (Date,  &.C.,  as  above.) 


[  No.  191.  j 
JVotice  of  motion  to  set  aside  report  of  referee. 

(Title  of  action.) 

Sir  :     Please  to  take  notice,  that  upon  affidavits,  copies  of 

which  you  are  herewith  served,  this  court  will  be  moved,  at 

the  next  terra  thereof,  to  be  held  at  the  City  Hall,  in  the  city  of 

Albany,  on  the  first  day  of  March  next,  at  the  opening  of 

8 


[14  PRACTICAL  FORMS. 

court  on  that  day,  or  as  soon  as  counsel  can  be  heard,  *  that 
the  report  of  the  referees  in  this  action  be  set  aside  with 
costs.     Troy,  February  10,  1852. 

Yours,  &c., 

Y.  G.,  Att'y  for  Defendant 

(or  Plaintiff.) 
To  C.  B.,  Esq.,  Att'y  for  Plaintiff 

(or  Defendant.) 


[  No.  192.  ] 

JVotice  of  motion  for  costs  of  circuit. 

(Title  of  action.) 

(As  in  the  last  to  the  *  then  as  follows  :)  for  an  order  that 
the  defendant  in  this  action  be  allowed  his  costs  of  attend- 
ing prepared  for  the  trial  of  this  action,  at  the  last  term  of 
the  circuit  court,  which  was  held  at  the  court  house  in  Sche- 
nectady on  the  first  Monday  of  December  last,  pursuant  to 
a  notice  of  trial  given  by  the  attorney  for  the  above  named 
plaintiff.     (Dated  as  in  last  form.) 


[  No.  193.  J 

JVotice  of  motion  for  a  commission. 

(Title  of  action.) 

Sir  :  Please  to  take  notice,  that  on  the  affidavit,  a  copy 
whereof  you  are  herewith  served,  a  motion  will  be  made 
before  the  Hon.  Ira  Harris,  one  of  the  judges  of  this  court, 
at  his  chambers  in  the  city  of  Albany,  on  the  8th  day  of 
March,  1852,  at  10  o'clock,  A.  M.,  that  a  commission  issue 
in  this  action,  to  be  directed  to  S.  B.,  of  Hoboken,  State  of 
New  Jersey,  counsellor  at  law,  authorising  him  to  examine 
on  oath,  C.  S.,  of  Hoboken  aforesaid,  as  a  witness  in  this  ac- 


PRACTICAL  FORMS.  115 

tion,  on  behalf  of  the  plaintiiT,  on  interrogatories  to  be  an- 
nexed to  such  commission,  in  which  defendants  will  be  at 
liberty  to  join.     February  28,  1852. 

Yours,  &c., 

H.  v.,  Plaintiff's  Att'y. 
To  C.  B.,  Esq.,  Defendant's  Att'y. 


[  No.  194.  ] 
JYotice  of  motion  for  judgment^  as  in  case  of  nonsuit. 

(Title  of  action.) 

Take  notice,  that  on  affidavits,  of  which  the  within  are 
copies,  this  court  will  be  moved  at  the  next  special  term 
thereof,  to  be  held  at  the  City  Hall,  in  the  city  of  Albany, 
on  the  last  Tuesday  of  December  inst.,  at  the  opening  of 
court,  or  as  soon  thereafter  as  counsel  can  be  heard,  *  for 
judgment,  as  in  case  of  nonsuit  in  this  action,  by  reason  of 
the  plaintiff's  failing  to  proceed  to  trial  according  to  the 
statute,  and  the  rules  and  practice  of  this  court. 

December  5,  1851. 

Yours,  &,c., 

B.  P.,  Defendant's  Att'y. 

M.  0.,  Esq.,  Plaintiff's  Att'y. 


[  No.  195.  J 

JS^otice  of  motion  to  set  aside  verdict,  and  for  a  new  trial  for 

irregularity. 

(As  in  the  last  form  to  the  *,  then  as  follows) :  that  the 
verdict  rendered  in  this  action  be  set  aside  for  irregularity 
with  costs,  and  that  a  new  trial  be  ordered,  (or  for  such 
other  or  further  order  as  the  court  may  direct.)  (Date,  &c., 
as  in  the  last  form.) 


IIQ  PRACTICAL  FORMS. 

[  No.  196.  ] 

JVotice  of  motion  to  set  aside  inquest  for  irregularity. 

(As  in  the  last  form  to  the  *,  then  the  following  :)  that  the 
inquest  taken  in  this  action,  and  all  proceedings  on  the  part 
of  the  plaintiff  subsequent  to  the  same,  be  set  aside  for  ir- 
regularity, with  costs.     (Date,  &c.,  as  last  form.) 


[  No.  197.  ] 

JVotice  of  motion  to  set  aside  regular  inquest. 

(As  in  the  last  form  to  the  *,  then)  that  the  inquest  here- 
tofore taken  in  this  action  be  set  aside,  upon  such  terms  as 
to  the  court  shall  seem  just.     (Date,  &c.,  as  above.) 


[  No.  198.  J 
JVotice  of  motion  to  set  aside  nonsuit,)  and  for  new  trial. 

(Title  of  action.) 

Sir  :  Please  to  take  notice,  that  upon  the  case,  with  a 
copy  of  w^hich  you  are  herewith  served,  this  court  will  be 
moved  at  the  next  term  thereof,  to  be  held  at  the  City  Hall, 
in  the  city  of  Troy,  on  the  first  Monday  of  March  next,  on 
the  opening  of  court  on  that  day,  that  the  judgment  of  non- 
suit entered  in  this  action  be  set  aside,  and  a  new  trial 
granted,  or  for  such  other  or  further  rule  as  the  court  may 
direct.     Troy,  February  6,  1852. 

Yours,  &c., 

E.  W.,  Att'y  for  Plaintiff. 

W.  M.,  Esq.,  Att'y  for  Defendant. 


PRACTICAL  FORMS.  117 

[   No.  199.    J 

JVotice  of  motion  to  stay  proceedings  till  security  for  costs  is 

filed. 

(Title  of  action.) 

Sir :  Please  to  take  notice,  that  on  affidavits,  copies  of 
which  you  are  herewith  served,  this  court  will  be  moved  at 
the  next  special  term  thereof  to  be  held  at  the  City  Hall,  in 
the  city  of  Troy,  on  the  first  day  of  March  next,  at  the  open- 
ing of  courtj  that  all  proceedings  in  this  action  be  *  stayed, 
until  the  security  be  given  for  the  payment  of  costs  herein. 

Troy,  February  5,  1852. 

Yours,  &c., 

A.  W.,  Defendant's  Att'y. 

To  P.  Q.,  Esq.,  Plaintiff's  Att'y. 


[  No.  200.  ] 

A^otice  of  motion  to  set  aside  all  proceedings  as  irregular. 

(As  in  the  last  form  to  the  *,  then  as  follows  :)  set  aside 
for  irregularity,  with  costs.     (Date,  &c.,  as  in  the  last  form.) 


[  No.  201.  ] 

JVotice  of  motion  in  arrest  of  judgment. 

(Title  of  action.) 

Sir  :  Please  take  notice,  that  on  the  fourth  day  of  Janua- 
ry, 1852,  at  ten  o'clock,  A.  M.,  at  the  City  Hall,  in  the  city 
of  Albany,  this  court  will  be  moved  for  an  order,  directing 
an  arrest  of  judgment  to  be  entered  in  this  action,  and  which 
motion  will  be  founded  on  the  record  and  proceedings  on 
file  in  this  action.     Troy,  December  10,  1851. 

Yours,  &c., 

A.  R.,  Defendant's  Att'y. 

S.  G.  B.,  Esq.,  Plaintiff's  Att'y.  . 


]^]^g  PRACTICAL  FORMS. 

[  No.  202.  ] 

.IVotice  of  motion  to  set  aside  judgment   and  execution  and 

restore  money  levied. 
(Title  of  action.) 

Sir  :  Please  to  take  notice,  that  upon  affidavits,  copies  of 
which  you  are  herewith  served,  this  court  will  be  moved  at 
the  next  special  term  thereof,  to  be  held  at  the  City  Hall,  in 
the  city  of  Albany,  on  the  last  Tuesday  of  January,  1852, 
for  an  order  that  *  the  judgment  in  this  action  and  the  exe- 
cution issued  thereon  be  set  aside  for  irregularity,  with 
costs;  and  that  the  moneys  levied  in  this  action  be  restored, 
wuth  interest  from  the  time  of  such  levy. 

Albany,  January  5,  1852. 

Yours,  &c., 

A.  B.,  Defendant's  Att'y. 

To  B.  A.,  Esq.,  Plaintiff's  Att'y. 


[  No.  203.  J 

Jfotice  of  motion  for  leave  to  issue  execution. 

(As  in  the  last  form  to  the  *,  then)  that  the  plaintiff  have 

leave  to  issue  execution  on  the  judgment  in  this  action. 

Albany,  January  6,  1852. 

Yours,  &c., 

B.  C,  Plaintiff's  Att'y. 
To  M.  P.,  Esq.,  Defendant. 


[  No.  204.  ] 

JVotice  of  motion  to  dissolve  injunction. 

(As   in  the  last  form  to  the  *,  then)  that  the  injunction 
issued  in  this  action  be  dissolved,  with  costs  ;  and  for  such 
other  or  further  order  as  the  court  may  grant. 
Hudson,  January  2,  1852. 

Yours,  &c., 

J.  H.,  Defendant's  Att'y. 
To  H.  B.,  Esq.,  Plaintiff's  Att'y. 


PRACTICAL   FORMS.  [|9 

[  No.  205.  j 

JN'otice  of  motion  for  reference  to  obtain  surplus  moneys. 

(As  in  the  last  form  to  the  *,  then)  it  be  referred  to  A. 
B.,  Esq.,  of  the  city  of  Albany,  a  counsellor  of  this  court, 
to  ascertain  and  report  the  amount  due  the  said  M.  B.,  or  to 
any  other  person,  which  is  a  lien  ujjon  sucli  surplus  moneys, 
and  as  to  the  priorities  of  the  several  liens  thereon. 
Albany,  January  5,  1852. 

Yours,  &c., 

K.  C,  Atl'y  for  Defendant,  C.  D. 
To  W.  M.,  Esq.,  Plaintiff's  Att'y. 


[  No.  206.  ] 

JYotice  of  motion  to  strike  cause  from  the  calendar  for   not 

serving  papers. 

(Title  of  action.) 

Take  notice,  that  upon  the  affidavit,  of  which  the  within 
is  a  copy,  this  court  will  be  moved  on  the  fifteenth  day  of 
February  instant,  at  the  Capitol,  in  the  city  of  Albany,  at  the 
opening  of  court,  that  this  action  be  stricken  from  the  calen- 
dar, and  that  judgment  be  rendered  in  favor  of  the  respon- 
dent, with  costs.     Albany,  February  2,  1852. 

Yours,  &c., 

S.  G.,  Att'y  for  Respondent. 

M.  B.,  Esq.,  Att'y  for  Appellant. 


[  No.  207.  ] 

JVotice  of  motion  for  a  mandamus. 

To  (insert  name  of  party  jiroceeded  against.) 
Take  notice,  that  upon  affidavits,  copies  of  which  are  here- 
with served,  a  motion  will  be  made  at  the  next  special  term 
of  the  supreme  court,  to  be  held  at  the  City  Hall,  in  the  city 


120  PRACTICAL   FORMS. 

of  Albany,  on  the  last  Tuesday  of  January  instant,  at  the 
opening  of  the  court  on  that  day,  or  as  soon  thereafter  as 
counsel  can  be  heard,  for  a  writ  of  mandamus  to  be  directed 
to  (set  forth  whom)  commanding  that  (here  state  the  object 
of  the  writ.)     Albany,  January  3  1852. 

Yours,  &c., 

B.  B.,  Att'y  for  J.  G. 


[  No.  208.  ] 

JYotice  of  "motion  to  vacate  order  of  arrest. 

(Title  of  action.) 

Sir:  Please  take  notice,  upon  an  affidavit,  of  which  the 
within  is  a  copy,  and  upon  all  the  papers  filed  and  served  in 
this  action,  a  motion  will  be  made  before  his  honor,  Mr. 
Justice  Harris,  at  his  office,  in  the  city  of  Albany,  on  the 
tenth  day  of  February  instant,  at  ten  o'clock  in  the  fore- 
noon, to  vacate  the  order  of  *  arrest  in  this  action. 

Albany,  February  3,  1852. 

Yours,  &c., 

G.  B.,  Att'y  for  Defendant. 

M.  R.,  Esq.,  Plaintiff's  Att'y. 


[  No.  209.  ] 

JVotice  of  motion  to  discharge  attachment. 

(As  in  the  last  form  to  the  *,  and  then  as  follows:)  of 
attachment  in  this  action.     (Date,  &c.,  as  above.) 


[  No.  210.  ] 

JVotice  of  motion  for  injunction  and  appointment  of  receiver. 

(Title  of  action.) 

Sir :  Please  take  notice  that  upon  affidavits,  copies  of 
which  you  are  herewith  served,  and  upon  the  papers  and 
pleadings  served  and  filed  in  this  action,  this  court  will  be 


PRACTICAL  FORMS.  121 

moved  at  the  next  special  (or  general)  terra  thereof,  to  be 
held  at  the  City  Hall,  in  the  city  of  Albany,  on  the  first 
Monday  of  March  next,  at  the  opening  of  court,  for  an  order 
that  an  injunction  issue  herein  and  for  the  appointment  of  a 
receiver  of  the  rents  and  profits  of  the  estate  of  the  defend- 
ant mentioned  in  the  pleadings  in  this  action. 

Albany,  February  3,  1852. 

Yours,  &c., 

A.  B.,  Plaintiff's  Att'y. 

To  C.  G.,  Esq.,  Defendant's  Att'y. 


[  No.  211.  J 

Order  for  the  appointment  of  guardian  for  an  infant  plai7itiff. 

On  reading  and  filing  the  within  petition  of  E.  G.,  the  pe- 
titioner being  of  the  age  of  fourteen  years  and  upwards, 
praying  the  appointment  of  B.  K.  as  his  guardian,  it  is  here- 
by ordered  that  the  said  B.  K.  be,  and  he  hereby  is  appoint- 
ed guardian,  to  prosecute  an  action  in  the  supreme  court 
against  the  within  P.  N.     December  10,  1851. 

A.  J.  PARKER.    '"-^ 


[  No.  212.  J 

Order  for  appointment  of  guardian  for  infant  defendant. 

On  reading  and  filing  the  petition  of  G.  W.,  plaintiff  in 
the  within  entitled  action,  (or  of  C.  D.,  the  within  namec 
defendant,)  praying  the  appointment  of  some  suitable  and 
proper  person,  as  the  guardian  of  the  said  C.  D.,  defendant 
in  said  action,  I  do  hereby  appoint  C.  E.,  of  the  city  of 
Schenectady,  an  attorney  of  this  court,  the  guardian  of  said 
C.  D.,  to  defend  the  said  action.     January  5,  1852. 

IRA  HARRIS. 


122  PRACTICAL  FORMS. 

[   No.   213.    J 

Another  form. 

I  do  hereby  appoint  A.  B.,  Esq.,  of  the  city  of  Troy,  as 
guardian  of  B.  P.,  the  within  named  defendant,  to  defend 
the  within  entitled  action.     Albany,  February  6,  1852. 

A.  J.  PARKER. 


[  No.  214.  ] 

Order  to  arrest  and  hold  to  hail. 

(Title  of  action.) 

To  the  sheriff  of  the  county  of  Greene  : 

You  are  required  forthwith  to  arrest  the  defendant  in  this 
action,  and  hold  him  to  bail  in  the  sum  of  five  thousand  dol- 
lars, and  to  return  this  order  to  A.  B.,  plaintiff's  attorney, 
at  Albany,  on  or  before  the  fifth  day  of  March,  one  thou- 
sand eight  hundred  and  fifty-two.    Dated  February  10,  1852. 

A.  J.  PARKER. 

A.  B.,  Plaintiff's  Att'y. 

(Endorsed.     "  By  order  of  the  court."      R.  L.,  Clerk.) 


[  No.  215.  ] 

Order  for  mitigation  of  hail. 

(Title  of  action.) 

■  Let  the  bail  taken  (or  to  be  taken)  by  the  sheriff,  on  the 
order  issued  to  the  sheriff,  in  this  action,  be  mitigated  or  re- 
duced to  one  hundred  dollars.     Dated  February  11,  1852. 

A.  J.  PARKER. 
(Endorsed.     "  By  order  of  the  court."     R.  L.,  Clerk.) 


PRACTICAL  FORMS.  123 

[  No.  216.  J 

Order  for  a  committitur  on  surrender  of  bail. 

(Title  of  action.) 

The  defendant,  on  the  prayer  (or  on  his  own  prayer,)  and 
for  the  indemnity  of  his  sureties,  is  committed  to  the  custo- 
dy of  the  sheriff  of  the  city  and  county  of  Albany,  at  the 
suit  of  the  plaintiff  in  the  above  action.     February  5,  1852. 

A.  C.  PAIGE. 


[  No.  217.  ] 

Order  to  show  cause  why  an  exoneretur  should  not  be  entered. 

It  appearing  to  me  that  the   defendant   in   this  action  has 

been  committed  to  and  remains  in  the  custody  of  the  sheriff 

of  the  county  of  Schenectady,  let  the  plaintiff  show  cause 

before  me  at  my  chambers  in  the  city  of  Albany,  on  the  third 

day  of  January  instant,  at  ten  o'clock  in  the  forenoon,  why 

the   bail   of  the  said  defendant  should  not  be  exonerated 

from  their  liability.     January  1,  1852. 

A.  J.  PARKER. 


[  No.  218.  ] 

Order  for  exoneretiLr. 
(Title  of  action.) 

On  motion  of  E.  K.,  Esq.,  of  counsel,  on  the  part  of  the 
following  named  bail,  and  after  hearing  D.  W.,  Esq.,  for 
plaintiff,  (or  no  one  appearing  for  plaintiff,)  it  is  hereby  or- 
dered that  A.  B.,  and  C.  D.,  the  bail  in  this  action,  be  exon- 
erated.    January  3,  1852. 

D.  CADY. 


[  No.  219.  ] 

Another  form. 

Let  A.  B.,  and  C.  D.,  the  within  named  bail   be,  and   the 
same  are  hereby  exonerated.     January  3,  1852. 

A.  J.  PARKER. 


124  PRACTICAL  FORMS. 

[  No.  220.  ] 

Order  to  furnish  copy  contract,  or  other  papers. 

(Title  of  action.) 

It  is  hereby  ordered    that  the   plaintiff  (or  defendant)  in 

this  action  furnish  to  the   defendant  (or   plaintiff)  herein, 

within  two  days  after  service  of  this  order,  an  inspection 

and  copy  of  the  contract  on  which  said  action  is  brought  (or 

the  paper  mentioned  in  the  affidavit  used  on  this  motion)  or, 

(on  which  recoupment  is  claimed)  (and  that  ten  dollars  costs 

be  allowed  to  abide  the  event  of  this  action.) 

December  10,  1851. 

IRA  HARRIS. 


[  No.  221.  ] 

.Alternative  order  to  file  security  for  costs. 

(Title  of  action.) 

Let  the  plaintiff  in  this  action  file  security  for  costs  here^ 
in,  within  fifteen  days  after  service  of  a  copy  of  this  order, 
or  show  cause  before  me,  at  my  office,  on  the  eighteenth 
inst.,  at  ten  o'clock,  A.  M.,  why  the  same  is  not  done,  and 
in  the  mean  time  let  all  proceedings  on  the  part  of  the  plain- 
tiff be  stayed.     January  2,  1852. 

A.  J.  PARKER. 


[  No.  222.  ] 

Peremptory  order  to  file  security  for  costs. 

(Title  of  action.) 

A  copy  of  the  order  to  show  cause  this  day,  why  the 
plaintiff  in  this  action  should  not  file  security  for  costs  ac- 
cording to  the  statute,  having  been  regularly  served  by  the 
plaintiff's  attorney,  and  no  cause  having  been  shown  why 
the  same  should  not  be  done ;  let  all  proceedings  in  this  ac- 
tion be  stayed  until  such  security  be  filed,  and  the  sureties 
justify,  if  excepted  to.     January  28,  1852. 

A.  J.  PARKER. 


PRACTICAL  FORMS.  125 

[  No.  223.  J 

Order  for  further  time  to  put  in  complaint,  answer  or  reply. 

(Title  of  action.) 

Let  the  time  to  serve  the  complaint,  (answer  or  reply)  in 
the  above  action,  be  extended  twenty  days, 

Albany,  February  10,  1852. 

IRA  HARRIS. 


[  No.  224.  ] 

Alternative  order  for  bill  of  particulars  of  plaintiff  ^s  demand. 

(Title  of  action.) 

Let  the  plaintiff's  attorney  deliver  to  the  defendant's 
attorney  in  writing,  a  bill  of  the  particulars  of  plaintiff's 
demand  in  this  action,  by  the  tenth  day  of  February  inst., 
at  twelve  o'clock,  M.,  or  show  cause  before  me  at  that 
time,  at  my  office,  in  the  city  of  Albany,  why  the  same 
should  not  be  so  delivered  ;  and  in  the  meantime  let  all 
further  proceedings  on  the  part  of  the  plaintiff  in  this  action 
be  stayed.     February  1,  1852. 

A.  J.  PARKER. 


[  No.  225.  ] 

Peremptory  order  for  bill  of  plaintiff  '5  particulars. 

(Title  of  action.) 

Let  the  plaintiff's  attorney  give  to  the  defendant's  attor- 
ney a  bill  of  particulars  of  plaintiff's  demand  in  this  action, 
and  in  the  meantime  let  all  further  proceedings  in  this  action 
be  stayed.     February  10,  1852. 

A.  J.  PARKER. 


126  PRACTICAL  FORMS. 

[  No.  226.  ] 

Alternative  order  for  defendants  hill  of  particulars  of  set  off. 

(Title  of  action.) 

Let  the  defendant's  attorney  ^ive  the  plaintiff's  attorney 
in  writing,  a  bill  of  particulars  of  the  defendant's  set  off,  as 
claimed  in  his  answer  in  this  action,  by  the  twelfth  day  of 
February  inst.,  at  nine  o'clock  A.  M.,  or  show  cause  before 
me  at  my  office,  in  the  city  of  Albany,  at  that  time,  why  it 
should  not  be  so  given,  and  in  the  meantime  all  further  pro- 
ceedings herein  to  be  stayed.     Albany,  February  3,  1852. 

IRA  HARRIS. 


[  No.  227.  ] 

Peremptory  order  for  defendants  set  off. 

(Title  of  action.) 

Let  the  defendant's  attorney  give  to  the  plaintiff's  attor- 
ney, a  bill  of  the  particulars  of  set  off,  claimed  by  the  de- 
fendant in  this  action,  and  all  further  proceedings  in  the 
meantime  to  be  stayed.     February  12,  1852. 

IRA  HARRIS. 


[  No.  228.  ] 

Order  that  plaintiff  furnish  further  and  more  particular  hill  of 

particulars  of  demand. 

(Title  of  action.) 

Let  the  plaintiff's  attorney  give  to  the  defendant's  attor- 
ney, a  further  bill  of  particulars  of  plaintiff's  demand  in 
this  action,  specifying  particularly  the  times  and  amounts 
of  each  of  the  items  in  the  said  bill  claimed,  within  ten  days 
after  service  of  this  order,  and  in  the  meantime  all  further 
proceedings  herein  to  be  stayed.     February  15,  1852. 

IRA  HARRIS. 


PRACTICAL  FORMS.  127 

[  No.  229.  ] 
Order  for  a  commission. 

(Title  of  action.) 

On  reading  and  filing  notice  and  affidavit  herein,  and  on 
motion  of  M.  R.,  Esq.,  for  the  phiinlitf,  (or  defendant,)  and 
after  hearing  R.  M.,  Esq.,  attorney  for  defendant,  (or  plain- 
tiff,) ordered,  that  a  commission  issue  to  examine  P.  C,  of 
the  city  of  Boston,  State  of  Massachusetts,  on  interrogato- 
ries to  be  annexed  to  such  commission,  and  that  the  defend- 
ant (or  plaintiff)  be  at  liberty  to  join  in  such  commission, 
and  that  the  same  may  be  returned  by  mail,  addressed  to 
the  clerk  of  the  county  of  Albany,  (where  the  place  of  trial 
is  laid,)  and  that  the  trial  of  the  cause  be  stayed  until  the 
return  of  such  commission,  and  that  such  commission  be  di- 
rected to  P.  B.,  Esq.,  counsellor  at  law  in  the  said  city  of 
Boston. 

November  20,  1851. 

D.  CADY. 


[  No.  230.  j 

Order  to  stay  proceedings. 

Let  all  the  proceedings  on  the  part  of  the  plaintiff  (or  de- 
fendant) in  the  action  in  the  within  affidavit  mentioned,  be 
stayed  for  fifteen  days  from  and  after  the  service  of  this  or- 
der.    October  10,  1851. 

D.  CADY. 


[  No.  231.  ] 

Order  for  judgment  debtor  to  make  discovery  on  return  of  exe- 
cution unsatisfied,  and  forbidding  transfer  of  property. 

(Title  of  action.) 

It  appearing  to  me  that  judgment  has  been  recovered  in 
the  above  action  in  favor  of  said  plaintiff  against  said  de- 
fendant, and  that  an  execution  against  the  property  of  the 


128  PRACTICAL  FORMS. 

said  judgment  debtor,  has  been  duly  issued  to  the  sheriff  of 
the  proper  county  upon  the  judgment  herein,  and  that  such 
execution  has  been  returned  by  said  sheriff,  wholly  (or  in 
part)  unsatisfied,  and  that  such  judgment  still  remains  unpaid: 
I  do  hereby  order  and  require  the  said  defendant  to  ap- 
pear before  me,  at  my  office  in  the  city  of  Schenectady,  on 
the  10th  inst.,  at  ten  o'clock  in  the  forenoon,  to  make  dis- 
covery on  oath  concerning  his  property.  And  the  said  de- 
fendant is  hereby  forbidden  to  transfer,  dispose  of,  or  in  any 
manner  to  interfere  with  any  property,  moneys,  or  things  in 
action  belonging  to  him,  until  further  order  in  the  premises. 

January  5,  1852. 

J.  A.,  County  Judge. 


[  No.  232.  ] 

Order  to  examine  third  person  as  to  property  of  a  judgment 

debtor, 

(Title  of  action.) 

It  appearing  to  me  that  an  execution  against  the  property 
of  the  above  named  defendant  has  been  duly  issued  to  the 
sheriff  of  the  proper  county,  upon  the  judgment  herein,  and 
returned  unsatisfied,  and  that  A.  B.,  Esq.,  has  property  of 
the  judgment  debtor,  or  is  indebted  to  him  in  an  amount  ex- 
ceeding ten  dollars,  I  do  hereby  require  the  said  A.  B.  to 
appear  before  me  at  my  office  in  the  city  of  Schenectady,  on 
the  twentieth  inst.,  at  ten  o'clock  in  the  forenoon,  and  be 
examined  concerning  the  same.  (Add  clause  forbidding 
payment  or  transfer,  if  necessary.)     October  8,  1851. 

J.  B.,  Schenectady  Co.  Judge. 


[  No.  233.  J 

Order  for  receiver  of  judgment  debtor^ s  property > 

(Title  of  action.)  • 

An  order  having  been  heretofore  duly  made  by  me,  pur- 
suant to  the  294th  section  of  chapter  II  title  IX  of  the 


PRACTICAL   FORMS. 


129 


code  of  procedure,  requiring  R.  IL,  alleged  to  be  in- 
debted to  the  above  named  defendant,  to  make  discovery  on 
oath  before  me  in  relation  to  said  debtor's  property,  and  he 
having  been  examined  accordingly,  I  do  hereby  order  that 
H.  S.,  of  the  city  of  Albany,  be,  and  the  same  is  hereby 
appointed  a  receiver  of  all  the  debts,  property,  equitable 
interests  and  things  in  action  of  said  defendant ;  that  such 
receiver  before  entering  upon  the  execution  of  his  trust, 
execute  to  the  clerk  of  this  court  a  bond,  (with  sufficient 
sureties  to  be  by  me  approved,)  in  the  penalty  of  five  hundred 
dollars,  conditioned  that  he  will  faithfully  perform  and 
discharge  the  duties  of  such  trust,  and  that  said  H.  S.,  upon 
filing  such  bond  in  the  otfice  of  the  clerk  of  Albany  county, 
be  invested  with  all  rights  and  powers  as  receiver,  according 
to  law. 

That  the  sum  of  ten  dollars  be  allowed  to  said  plaintiff 
for  costs  of  this  proceeding,  and  that  said  defendant  be 
enjoined  and  restrained  from  making  any  disposition  of,  or 
interfering  with  his  property,  equitable  interests,  things  in 
action,  or  any  of  them,  except  in  obedience  to  this  order,  until 
further  order  in  the  premises.     Albany,  October  15,  1851. 

WM.  PARMELEE, 
Albany  Co.  Judge. 


[  No.  234.  ] 
Order  to  apply  property  of  judgment  debtor  to  satisfy  judgment. 

(Title  of  action.) 

It  appearing  to  my  satisfaction  that  G.  H.  is  indebted  to 
the  above  named  defendant  in  the  sura  of  one  hundred  dol- 
lars, and  that  an  execution  against  the  property  of  the  said 
defendant  has  been  returned,  wiiolly  (or  in  part)  unsatisfied, 
I  do  hereby  order  the  said  G.  H.  to  pay  the  sum  of  one  hun- 
dred dollars  to  the  above  named  plaintiff,  to  be  applied 
towards  the  satisfaction  of  the  judgment  in  this  action. 

January  10,  1851. 

U.  J.,  Schenectady  Co.  Judge. 
9 


130  PRACTICAL  FORMS 

[  No.  235.  ] 
Order  to  show  cause  why  an  attachment  should  not  issue- 

(Title  of  action.) 

On  proof  of  due  service  of  the  order  made  in  this  cause 
by  me  on  the  defendant  herein,  it  is  ordered  that  the  said 
defendant  show  cause  before  me,  at  my  office  in  the  city  of 
Albany,  on  the  twentieth  instant,  at  ten  o'clock  in  the  fore- 
noon, why  an  attachment  should  not  issue  against  him,  and 
he  be  punished  for  his  alleged  misconduct  in  violating  said 
order.     December  18,  1851. 

IRA  HARRIS. 


[  No.  236.  ] 
Order  to  vacate  an  order  without  notice. 

(Title  of  action.) 

I  hereby  vacate  and  discharge  the  order  made  by  me  in 
this  action  on  the  20th  inst.     Albany,  December,  24,  1851. 

W.  P.,  Albany  Co.  Judge. 


[  No.  237.  ] 

Order  to  vacate  an  order  with  notice. 

(Title  of  action.) 

On  motion  of  B.  F.,  Esq.,  attorney  for  plaintiff,  (or  de- 
fendant,) and  after  hearing  M.  R.,  Esq.,  for  defendant,  (or 
plaintiff,)  it  is  hereby  ordered  that  the  order  made  in  this 
action  by  me  on  the  fifth  instant,  be,  and  the  same  is  hereby 
vacated  and  discharged.     Albany,  December  24,  1851. 

IRA  HARRIS. 


PRACTICAL  FORMS.  l^[ 

[  No.  238.   ] 

Order  for  examination  to  perpetuate  testimony. 

I  hereby  appoint  the  fifth  day  of  January  next,  at  ray  of- 
fice, in  the  city  of  Albany,  at  ten  o'clock  in  the  forenoon, 
for  the  examination  of  L.  M.,  as  a  witness  upon  the  within 
application.     December  20,  1851. 

A.  J.  PARKER. 


[  No.  239.  J 

Order  to  examine  witness  de  bene  esse. 

(Title  of  action.) 

It  appearing  to  me  that  the  examination  of  the  above 
mentioned  H.  B.,  as  a  witness  is  reasonable,  in  order  to  ob- 
tain justice  between  the  parties  herein,  let  the  said  H.  B. 
be  examined  de  bene  esse  as  a  witness  in  this  action  before 
me  at  my  office,  in  the  city  of  Schenectady,  on  the  20th 
inst.,  at  three  o'clock  in  the  afternoon,  and  let  the  defend- 
ant (or  plaintiff)  herein  appear  also  at  the  same  time  and 
place,  and  attend  to  said  examination. 

December  15,  1851. 

A.  C.  PAIGE. 


[  No.  240.  ] 

Order  for  publication  of  summons. 

(Title  of  the  action.) 

It  appearing  to  my  satisfaction,  by  the  affidavits  of  B.  C. 
and  A.  E.,  that  a  cause  of  action  exists  against  the  above 
named  defendants  arising  on  contract,  and  that  the  said  de- 
fendant has  property  within  this  State,  (or  the  defendant  is 
a  foreign  corporation  and  has  property  within  the  State,  or 
that  the  said  defendant  being  a  resident  of  this  State  has 
departed  therefrom  \vith  the  intent  to  defraud  his  creditors:) 
I  do  order  that  the  summons  in  this  action,  of  which  the 


132  PRACTICAL   FORMS. 

following  is  a  copy,  viz  :  (here  set  forth  summons,)  be  served 
on  such  defendants  by  the  publication  thereof,  once  in  each 
week  for  six  weeks,  in  the  newspaper  printed  in  the  county 
of  Monroe,  called  the  Rochester  Daily  Advertiser,  and  also 
in  the  newspaper  printed  in  the  city  of  Albany,  called  the 
Albany  Evening  Atlas  ;  and  further,  a  copy  of  the  summons 
and  complaint  be  deposited  in  the  post  office,  addressed  to 
the  said  defendant. 

S.  L.  SELDEN. 


[  No.  241.  ] 
Order  changing  place  of  trial. 

At  a  special  term  of  the  supreme  court,  held  at 
the  City  Hall,  in  the  city  of  Albany,  on  the 
last  Tuesday  of  January,  1852. 

Present,  Hon.  IRA  HARRIS,  Justice. 

C.  D. 

ads. 
N.  B. 

On  reading  and  filing  an  affidavit  and  notice  of  motion, 

with  proof  of  due  service  thereof  on  the  plaintiff's  attorney, 

on  motion  of  W.  R.,  Esq.,  of  counsel  for  the  defendant,  and 

after  hearing  of  B.  C,  Esq.,  of  counsel  for  the  plaintiff,  * 

(or  no  one  appearing  to  oppose)  it  is  ordered  that  the  place 

of  trial  of  this  action  be,  and  the  same  hereby  is  changed 

from  the  county  of  Schenectady  to  the  county  of  Monroe, 

with  ten  dollars  costs  to  abide  the  event  of  the  suit. 


[  No.  242.  ] 
Order  denying  notice  to  change  place  of  trial. 

(As  in  the  last  form  to  the  *,  and  then  as  follows :)  it  is 
ordered  that  the  motion  to  change  the  place  of  trial  in  this 
action  be  denied,  with  ten  dollars  costs  (to  abide  the  event 
of  the  action.) 


PRACTICAL  FORMS.  l^^ 

{  No.  243.  J 
Order  for  special  or  struck  jury. 

At  a  special  term  of  the  supreme  court  held  for 
the  State  of  New  York,  at  the  City  Hall,  in 
the  city  of  Albany,  on  llie  fourth  day  of 
November,  1851. 

Present,  Hon.  IRA  HARRIS,  Justice. 


P.   B. 

agt. 


C.  D. 

On  reading  and  filing  affidavits,  and  hearing  counsel  for 
both  parties,  it  is  ordered  that  a  special  jury  be  struck  for 
the  trial  of  the  issue  in  this  action. 


[  No.  244.  J 

Order  for  a  foreign  jury. 

At  a  special  term,  &c. 
(Title  of  the  action.) 

On  reading  and  filing  affidavits,  on  motion  of  M.  R.,  Esq., 
of  counsel  for  plaintiff  (or  defendant,)  and  after  hearing  S. 
B.,  Esq.,  of  counsel  for  the  defendants  (or  plaintiffs,)  it  is 
ordered  that  the  issue  joined  in  this  action  be  tried  by  a 
jury,  to  be  taken  and  summoned  from  the  body  of  the  county 
of  Schenectady. 


[  No.  245.  J 

Order  for   a  reference  at  the  circuit. 

At  a  circuit  court  held  at  the  City  Plall,  in  the 
city  of  Abany,   in  and  for   the    county   of 
Albany,  on  the  22d  day  of  January,  1852. 
Present,  Hon.  IRA  HARRIS,  Justice. 
(Title  of  the  action.) 

It  appearing  to  this  court  that  the  trial  of  this  action  will 
require  the  examination  of  long  accounts,  on  motion  of  A. 
B.,  Esq.,  of  counsel  for  plaintiff  (or  defendant,)  (or  the  court 


134  PRACTICAL  FORMS. 

of  its  own  motion,)  orderd  that  this  action  be  referred  to  D. 
E.,  Esq.,  of  the  city  of  Troy,  counsellor  at  law,  and  that  he 
(or  to  M.  P.,  N.  0.,  and  W.  V.,  Esqrs.,  and  that  they  or 
any  two  of  them)  report  thereon  with  all  convenient  speed. 


[  No.  246.  ] 

Peremptory  order  to  file  security  for  costs. 

At  a  special  term,  &c. 
(Title  of  action.) 

It  appearing  by  the  affidavit  of  defendant's  attorney  in 
this  action,  that  a  copy  of  the  order  to  show  cause  this  day 
why  the  plaintiff  in  this  action  should  not  file  security  for 
costs  according  to  the  statute,  has  been  regularly  served, 
and  no  cause  having  been  shown  why  the  same  should  not 
be  done,  let  all  proceedings  in  this  action  be  stayed  until 
such  security  be  filed. 


[  No.  247.  ] 
Order  for  extra  allowance  of  costs. 

At  a  circuit  oourt,  &c. 
(Title  of  the  action.) 

The  plaintiff  in  this  action  having  recovered  the  sum  of 
five  hundred  dollars,  and  the  same  being  a  difficult  (or  ex- 
traordinary) action,  (or  the  defence  having  been  unfairly  or 
unreasonably  conducted,)  the  plaintiff  is  allowed  ten  per 
cent,  on  the  amount  of  such  recovery,  by  way  of  costs. 


[  No.  248.  ] 

Order  to  continue  action  against  representatives  of  deceased 

defendant. 

At  a  special  term,  &c. 
(Titl'.  of  the  action.) 

On  reading  and  filing  a  petition  in  this  action,  duly  veri- 
fied, and  on  motion  of  A.  B.,  Esq.,  of  counsel  for  the  peti- 


PRACTICAL   FORMS.  [35 

tioner,  after  hearing  C.  D.,  Esq.,  as  counsel  for  E.  F.,  ad- 
ministrator &,c.  of  deceased  defendant,  it  is  ordered  that 
this  action  be,  and  the  same  is  liereby  continued  against  the 
said  E.  F.,  administrator,  &c.  of  P.  Q.,  the  defendant  de- 
ceased herein. 


[  No.  249.  J 

Order  to  put  off  trial  at  the  circuit. 

At  a  circuit  court,  &c. 
(Title  of  action.) 

On  reading  and  filing  affidavits,  and  on  motion  of  M.  R., 
Esq.,  of  counsel  for  the  defendant,  and  after  hearing  of  B. 
M.,  Esq.,  of  counsel  for  plaintiff,  ordered  that  the  trial  of 
this  action  be  postponed  to  the  25th  instant,  on  the  payment 
of  ten  dollars  costs,  (or  to  next  circuit,  on  payment  of  costs 
of  the  present  circuit.) 


[  No.  250.  J 

Order  to  set  aside  execution  and  restore  monies  levied. 

At  a  special  term,  &c. 
(Title  of  action.) 

On  reading  and  filing  of  affidavits,  and  on  motion  of  Mr. 
B.,  of  counsel  for  the  defendant,  and  after  hearing  Mr.  C, 
of  counsel  for  the  plaintiff,  in  opposition  thereto,  it  is  or- 
dered that  the  execution  issued  in  this  action,  be,  and  the 
same  is  hereby  set  aside  with  costs,  and  that  the  moneys 
levied  thereon  be  restored  to  the  defendant,  with  interest 
thereon  from  the  time  of  such  levy. 


136  PRACTICAL   FORMS. 

[  No.  251.  ] 

Order  to  consolidate  actions. 

At  a  special  term,  &c. 
(Title  of  all  the  actions.) 

On  reading  and  filing  affidavits  in  these  actions,  on  mo- 
tion of  Mr.  P.,  of  counsel  for  the  defendants,  and  after  hear- 
ing Mr.  S.,  of  counsel  for  the  plaintiff,  it  is  ordered  that  all 
the  proceedings  on  the  part  of  the  plaintiff,  in  these  actions, 
(except  the  first,)  be  stayed,  the  said  defendants  hereby  un- 
dertake to  be  bound  by  the  verdict  in  the  said  first  action, 
and  to  pay  the  amount  in  the  complaints  in  said  actions 
claimed,  (state  as  to  vrhat  particulars,)  in  case  the  said  plain- 
tiff shall  recover  in  the  said  first  action,  together  with  the 
costs  of  that  recovery,  and  (vi^hatever  terms  the  court  may 
impose.) 


[  No.  252.  ] 

Order  on  motion  for  a  new  trial. 

At  a  special  term,  &c. 
(Title  of  action.) 

This  action  having  been  brought  on  to  argument  on  mo- 
tion of  A.  B.,  Esq.,  of  counsel  for  defendant,  and  after 
hearing  Mr.  C,  of  counsel  for  plaintiff,  it  is  ordered  that  a 
new  trial  be,  and  the  same  is  hereby  granted,  with  costs  to 
abide  the  event. 


[  No.  253.  J 

Order  setting  aside  nonsuit  and  for  new  trial. 

At  a  special  term,  &c. 
(Title  of  action.) 

On  motion  of  A.  B.,  Esq.,  of  counsel  for  plaintiff,  after 
hearing  C.  D.,  Esq.,  of  counsel  for  defendant,  it  is  ordered 
that  the  nonsuit  in  this  case  be  set  aside  and  a  new  trial 
granted. 


PRACTICAL  FORMS.  137 

[  No.  254.  ] 

Order  denying  motion  for  new  trial. 

At  a  special  term,  &c. 
(Title  of  action.) 

This  cause  having  been  brought  on  to  be  heard,  and  after 
hearing  counsel  on  both  sides,  ordered,  that  a  new  trial  be 
denied. 


[  No.  255.  J 

Order  for  costs  of  circuit* 

At  a  special  term,  &c. 
(Title  of  action.) 

On  reading  and  filing  affidavits  and  notice  of  this  motion, 
together  with  proof  of  service  thereof,  on  motion  of  A.  B., 
Esq.,  of  counsel  for  defendant,  it  is  ordered  that  the  defend- 
ant be  allowed  his  costs  of  attending,  prepared  for  trial  of 
this  action,  at  the  last  circuit  court,  held  in  the  court  house 
in  Schenectady,  in  and  for  the  county  of  Schenectady,  on 
the  first  Monday  of  January  last. 


[  No.  256.  J 

Order  to  strike  out  counts. 

At  a  special  term,  &c. 
(Title  of  action.) 

On  motion  of  B.  D.,  Esq.,  of  counsel  for  the  defendant, 
(or  plaintiff,)  and  after  hearing  D.  C,  Esq.,  of  counsel  for 
the  plaintiff,  it  is  ordered  that  the  fourth  and  fifth  folios  in 
the  complaint  (or  answer  or  reply)  in  this  action,  be,  and  the 
same  is  hereby  stricken  out,  (with  ten  dollars  costs.) 


138  PRACTICAL  FORMS. 

[  No.  257.  ] 

Order  to  set  aside  report  of  referees  on  the  merits. 

At  a  special  term,  &c. 
(Title  of  action.) 

This  action  having  been  brought  to  argument,  on  motion 
of  M.  B,  of  counsel  for  the  plaintiff,  and  after  hearing  M. 
F.,  of  counsel  for  the  defendant,  it  is  ordered  *  that  the  re- 
port made  by  the  referees  in  this  action,  be,  and  the  same  is 
hereby  set  aside,  with  costs,  (or  costs  to  abide  the  event  of 
the  action.) 


[  No.  258.  J 

Order  to  confirm  referees^  report. 

(As  in  the  last  form  to  the  *,  then)  that  the  report  of  the 
referees  herein  be,  and  the  same  is,  in  all  points  confirmed. 


[  No.  259.  J 

Order  for  trial  of  a  {feigned)  issue. 

At  a  special  terra,  &.c. 
(Title  of  action.) 

This  action  having  been  brought  on  to  be  heard  on  the 
pleadings  herein,  and  the  said  pleadings  having  been  read, 
and  Mr.  S.  B.,  of  counsel  for  the  plaintiff,  and  Mr,  X.  Y.,  of 
counsel  for  the  defendant,  having  been  heard,  it  is  ordered 
that  the  following  issue  be  tried  between  the  parties  by  a 
jury  of  the  country,  at  the  next  circuit  court,  to  be  held  in, 
and  for  the  county  of  Saratoga,  on  the  first  Monday  of  Jan- 
uary next,  to  inquire  and  determine  whether  (here  set  forth 
the  issue  to  be  determined,)  and  all  further  directions  are 
reserved  until  after  the  trial  of  said  issue. 


PRACTICAL  FORMS.  J 39 

[  No.  260.  ] 

Order  to  continue  action  by  representatives  of  deceased  party. 

At  a  special  terra,  &c. 
(Title  of  action.) 

On  reading  and  filing  a  petition  in  this  action  duly  veri- 
fied, and  on  motion  of  K.  R.,  Esq.,  of  counsel  for  the  peti- 
tioner, no  one  appearing  to  oppose  it,  it  is  ordered  that  this 
action  be  continued  by  the  said  E.  C,  administrator  or  exe- 
cutor of  M.  B.,  the  deceased  defendant,  (or  plaintiff.) 


[  No.  261.  ] 

Order  allowing  supplemental  pleading. 

At  a  special  terra,  &c. 
(Title  of  action.) 

On  reading  papers  in  this  cause  on  both  sides,  and  on  mo- 
tion of  I.  P.,  of  counsel  for  the  defendant,  (or  plaintiff,)  after 
hearing  Mr.  W.,  of  counsel  for  the  plaintiff,  (or  defendant,) 
ordered  that  upon  payment  of  ten  dollars  costs  of  this  mo- 
tion, within  fifteen  days,  the  supplemental  answer,  (or  com- 
plaint or  reply)  served  in  this  cause  stand  as  the  answer  (or 
complaint  or  reply)  therein,  the  issue  to  stand  as  of  the  19th 
of  March,  1851. 


[  No.  262,  J 

Order  allowing  amended  pleading. 

(As  in  the  last  form,  except  the  word  "  supplemental  "  be 
changed  to  "amended.") 


[  No.  263.  ] 

Order  to  attach  sheriff. 

At  a  special  term,  &c. 
(Title  of  the  action.) 

On  hearing  Mr.  0.,  of  counsel  for  the  plaintiff,  and  it  ap- 
pearing from  the  affidavit  of  plaintiff's  attorney,  that  judg- 


]^40  PRACTICAL  FORMS. 

ment  was  rendered  in  said  action,  and  docketed  in  Albany 
county,  on  the  fifteenth  of  November,  1851,  against  the  de- 
fendants, for  five  hundred  dollars,  damages  and  costs,  and 
an  execution  in  due  form  issued  thereon  to  the  sheriff  of  the 
county  of  Albany,  W,  B.,  Esq.,  and  delivered  to  him  the 
said  sheiA'iffj  on  the  fifteenth  day  of  November,  and  further 
showing  that  said  sheriff  has  not  made  return  thereof,  as  by 
law  commanded : 

Ordered,  that  an  attachment  issue  against  W.  B.,  sheriff 
of  the  county  of  Albany,  returnable  before  this  court  on  the 
last  Tuesday  of  February,  1852,  at  the  City  Hall,  in  the  city 
of  Albany,  at  the  opening  of  court  on  that  day,  and  also  or- 
dered that  said  sheriff  be  held  to  bail  in  the  sum  of  one 
thousand  dollars,  and  also  that  said  sheriff,  W.  B.,  pay  to 
said  plaintiff  or  his  attorney,  ten  dollars  costs  of  this 
motion. 


[  No.  264.  J 

Order  to  attach  witness. 

At  a  circuit,  &c. 
(Title  of  action.) 

On  reading  and  filing  affidavits  showing  that  a  subpoena 
was  duly  served  upon  C.  B.,  on  the  fifth  instant,  whereby  he 
was  required  to  appear  before  this  court  on  the  sixth  instant, 
to  testify  and  give  evidence  in  this  action,  on  the  part  of  the 
plaintiff,  (or  defendant,)  and  that  the  said  C.  B.  has  wholly 
neglected  to  attend  as  therein  required,  on  motion  of  M.  G. 
Esq.,  of  counsel,  ordered,  that  a  writ  of  attachment  issue, 
directed  to  the  sheriff  of  the  county  of  Albany,  command- 
ing him  forthwith  to  attach  the  said  C.  B.,  and  bring  him 
forthwith  personally  before  our  circuit  court  in  and  for  the 
county  of  Albany,  at  the  City  Hall  in  the  city  of  Albany, 
to  answer  to  us  for  certain  contempts  against  us,  in  not 
obeying  our  writ  of  subpoena,  and  commanding  the  said  she- 
riff to  detain  the  said  C.  B.  in  his  custody  until  discharged 
by  our  said  circuit  court. 


PllACTICAL  FORMS.  141 

[  No.  265.  j 

Order  for  a  mandamus. 

At  a  special  term  (or  general  term,)  &c. 
Present,  Hon.  Ira  Harris,  (Malbone   Watson  and   A.   J. 
Parker,)  justice. 

The  People,  ex  rel  J.  C. 
vs. 
B.  P. 

On  reading  and  filing  affidavits,  on  motion  of  M.  R.,  Esq., 
counsel  for  the  relator,  after  hearing  Mr.  A.  B.,  in  opposi- 
tion thereto,  it  is  ordered  that  a  mandamus  issue  out  of  and 
under  the  seal  of  this  court,  directed  to  the  said  B.  P.,  com- 
manding him  forthwith  to  (state  what  is  to  be  done)  or  that  he 
show  cause  to  the  contrary,  before  this  court,  at  the  City  Hall, 
in  the  city  of  Troy,  on  the  fourth  day  of  February  next. 


[  No.  266.  ] 

Order  for  assessment  of  damages. 

At  a  special  term,  &c. 
(Title  of  action.) 

Whereas  it  has  been  adjudged  that  the  plaintiff  recover 
judgment  against  the  defendant  in  this  action,  but  because 
it  is  unknown  what  amount  of  damages  the  plaintiff  has 
sustained  in  the  premises,  it  is  ordered  that  it  be  referred  to 
A.  B.,  C.  D.,  and  E.  F.,  Esqs.  of  the  city  of  Schenectady, 
to  inquire  and  ascertain  what  damages  the  said  plaintiff  has 
sustained  herein,  and  to  make  returns  under  the  hands  and 
seals  of  them,  or  any  two  of  them,  with  all  convenient 
speed. 


]^42  PRACTICAL  FORMS. 

[  No.  267.  ] 

Oi-der  for  leave  to  issue  execution. 

At  a  special  term,  &c. 
(Title  of  action.) 

On  reading  and  filing  affidavits  and  notice  of  motion,  with 
proof  of  due  service  on  the  defendant,  personally,  on  motion 
of  Mr.  C,  of  counsel  for  the  plaintiff,  ordered  that  the  plain- 
tiff have  leave  to  issue  execution  in  this  action,  notwith- 
standing the  lapse  of  five  years  from  the  entry  of  the  judg- 
ment herein. 


[  No.  268.  ] 

Order  of  reference  as  to  claims  to  surplus  moneys. 

At  a  special  term,  &c. 
(Title  of  action.) 

The  sheriff's  (or  referee's)  report  of  sale  having  been  filed 
in  this  action,  and  the  same  having  been  confirmed,  from 
which  report  it  appears  that  there  is  a  surplus  in  the  hands 
of  the  clerk  of  this  court,  arising  from  said  sale  : 

On  reading  and  filing  notice  of  claim,  by  W.  D.,  to  such 
surplus  moneys,  by  virtue  of  a  lien  thereon  under  a  junior 
mortgage,  (or  a  judgment  against)  given  by  said  defendant ; 
on  motion  of  Mr.  H.  S.,  of  counsel  for  the  said  W.  D., 
ordered  that  it  be  referred  to  C.  E.,  Esq.,  as  a  referee,  re- 
siding in  Albany,  to  ascertain  and  report  the  amount  due 
the  said  W.  D.,  or  to  any  other  person  which  is  a  lien  upon 
such  surplus  moneys,  and  as  to  the  priorities  of  the  sevc  ral 
liens  thereon ;  and  it  is  further  ordered  that  such  referee 
summon  before  him,  upon  such  reference,  every  party  who 
has  appeared  in  this  action,  and  every  person  who  has  de- 
livered written  notice  of  his  claim  to  such  surplus  moneys 
to  the  attorney  for  the  plaintiff  in  this  acti(-n,  to  the  said 
referee  or  to  the  clerk  of  this  court,  or  to  the  sheriff  who 
made  the  sale,  and  that  he  cause  them  to  have  the  usual 
notice  of  all  subsequent  proceedings,  and  that  the  said 
referee  report  thereon  with  all  convenient  speed. 


PRACTICAL  FORMS.  ][43 

[  No.  269.  ] 

Order  to  pay  surplus  moneys. 

At  a  special  term,  &c. 
(Title  of  action.) 

On  reading  and  fding  the  report  of  the  referee  herein, 
wherein  it  appears  that  said  W.  D.  is  entitled  to  the  whole 
of  the  surplus  moneys  in  this  action,  now  in  the  hands  of 
the  clerk  of  the  court,  and  on  hearing  Mr.  H.  S.,  of  counsel 
for  the  said  W.  D.,  it  is  hereby  ordered  that  the  clerk  of  this 
court  pay  to  the  said  II.  S.  ten  dollars  as  costs  of  this  appli- 
cation, and  five  dollars  disbursements  herein;  and  then  the 
said  clerk  pay  the  said  W.  D.,  or  his  attorney,  taking  a 
receipt  therefor,  the  balance  of  the  said  surplus  moneys  to 
wit  :  two  thousand  dollars. 


[  No.  270.  ] 

Order  to  confirm  referee^ s  report  of  sale. 

At  a  special  term,  &c. 
(Title  of  action.) 

On  reading  and  filing  the  report  of  M%  S.,  Esq.,  referee 
duly  appointed  to  sell  the  premises  described  in  the  com- 
plaint in  this  action,  and  on  filing  proof  of  the  service  of  the 
notice  of  this  motion  on  all  the  parties  who  have  appeared 
in  this  action  :  Ordered,  that  the  said  report  be,  and  the 
same  is  hereby  in  all  respects  confirmed. 


[  No.  271.  J 

Order  of  reference  in  partition  to  take  proof  of  title,  and  whether 

a  sale  is  necessary. 

At  a  special  term,  &c. 
(Title  of  action.) 

On  reading  and  filing  an  affidavit,  by  which  it  appears 
that  this  action  was  commenced  for  the  partition  or  sale  of 
certain  premises  therein  mentioned  and  described,  and  that 


144  PRACTICAL   FOilMS. 

none  of  the  adult  defendants  have  appeared  in  this  action, 
although  more  than  twenty  days  have  elapsed  since  the  ser- 
vice of  this  summons  upon  the  said  several  defendants,  (or 
that  all  the  adult  defendants  have  put  in  their  answers,  in 
which  the  rights  and  interests  of  the  several  parties  as  sta- 
ted in  the  complaint  are  not  contested  or  denied,)  and  infant 
defendants,  by  their  guardian,  ad  litem,  having  put  in  the 
usual  general  answer,  on  motion  of  H.  B.,  of  counsel  for  the 
plaintiff:  Ordered,  that  it  be  referred  to  J.  G.,  Esq.,  as  a 
referee,  residing  in  the  city  of  Troy,  to  take  proof  of  the 
plaintiff's  title  and  interest  in  and  to  the  premises  in  the 
said  complaint  mentioned,  and  of  the  several  matters  set 
forth  in  the  said  complaint,  and  to  ascertain  and  report  what 
share  or  part  of  the  said  premises  belongs  to  each  of  the 
parties  to  this  action,  so  far  as  the  same  can  be  ascertained, 
and  the  nature  and  extent  of  their  respective  rights  and  in- 
terests therein,  and  an  abstract  of  the  conveyances  by  which 
the  same  are  held  ;  and  also  to  report  whether  the  sitid  pre- 
mises, or  any  lot  or  separate  parcel  thereof,  are  so  circum- 
stanced that  an  actual  partition  cannot  be  made,  and  if  the 
said  referee  arrives  at  the  conclusion  that  a  sale  of  the  whole 
premises,  or  of  any  lot  or  separate  parcel  thereof  will  be 
necessary,  that  he  specify  the  same  in  his  report,  together 
with  the  reasons  which  render  a  sale  necessary;  and  in  such 
a  case  that  he  also  ascertain  and  report  whether  any  credi- 
tor not  a  party  to  this  action  has  a  specific  lien  by  mortgage, 
devise  or  otherwise,  upon  the  undivided  share  or  interest  of 
any  of  the  parties  in  that  portion  of  the  premises,  which  it 
is  necessary  to  sell ;  and  if  he  finds  that  there  is  no  such 
specific  lien  in  favor  of  any  person  not  a  party  to  the  action, 
that  he  further  inquire  and  report  whether  the  undivided 
share  or  interest  of  any  of  the  parties  in  the  premises,  is 
subject  to  any  general  lien  or  incumbrance,  by  judgment  or 
decree. 

And  it  is  further  ordered  that  the  referee  ascertain  and 
report  the  amount  due  to  any  party  to  the  action,  who  has 
either  a  general  or  specific  lien  on  the  premises  to  be  sold, 
or  any  part  thereof,  and  the  amount  due  to  any  creditor  not 


PRACTICAL   FORMS.  145 

a  party,  who  has  a  general  lien  on  any  undivided  share  or 
interest  therein,  by  judgment  or  decree,  and  who  shall  ap- 
pear and  establish  his  claim  on  such  reference. 

And  it  is  further  ordered  that  the  said  referee,  if  requested 
by  the  parties,  or  any  one  of  them,  who  appear  before  him 
on  such  reference,  shall  also  ascertain  and  report  the  amount 
due  any  creditor  not  a  party  to  the  action,  which  is  either  a 
specific  or  general  lien  or  incumbrance  upon  all  the  shares, 
or  interests  of  the  parties  in  the  premises  to  be  sold,  and 
which  would  remain  as  an  incumbrance  thereon  in  the  hands 
of  the  purchaser. 

[  No.  272.  J 

Order  of  reference  in  foreclosure — all  due,  no  infants  or  absent 

defendants. 

At  a  special  term,  &c. 
(Title  of  action.) 

On  filing  proof  of  the  personal  service  of  the  summon^ 
in  this  action,  upon  all  of  the  defendants  herein,  and  that 
no  answer  has  been  put  in  by  any  of  the  defendants  herein, 
and  that  there  are  no  infant  defendants,  or  any  defendants 
who  are  absentees,  on  motion  of  Mr.  B.,  of  counsel  for  the 
plaintiflf:  Ordered,  that  it  be  referred  to  G.  H.,  Esq.,  of  the 
city  of  New  York,  to  compute  and  ascertain  the  amount  due 
to  the  plaintiff,  for  principal  and  interest  on  the  bond  and 
mortgage  set  forth  in  the  complaint  in  this  action,  and  report 
the  same  to  this  court. 


[  No.  273.  ] 

Order  of  reference  i7i  foreclosure — all  due,  and  absent  defendants. 

At  a  special  term,  &c. 
(Title  of  action.) 

On  filing  proof  of  the  personal  service  of  the  summons  in 
this  action,  upon  G.  W.,  and  T.  J.,  and  that  the  same  has 
been  served  on  the  defendants,  A.  B.  and  C.  D.,  who  are 
10 


146  PRACTICAL   FORMS. 

noil  residents  of  this  State,  (or  who  cannot  be  found  therein) 
by  the  publication  thereof  as  required  by  the  statute,  and 
the  order  of  this  court  ;  and  no  answer  to  the  complaint  in 
this  action  having  been  put  in  by  any  of  said  defendants, 
(except  G.  W.,  w^hose  answer  admits  all  the  rights  and  in- 
terests of  the  several  parties,  as  stated  in  the  complaint,) 
and  the  period  for  said  defendants  to  answ^er  having  expired  ; 
on  filing  proof  of  such  service,  on  motion  of  H.  S.,  a  coun- 
sel for  plaintitf :  Ordered  that  it  be  referred  to  B.  W.,  of  the 
city  of  Schenectady,  as  referee,  to  compute  and  ascertain 
the  amount  due  to  the  said  plaintiff,  on  the  bond  and  mort- 
gage mentioned  in  the  said  complaint ;  and  to  examine  the 
said  plaintiff  on  oath,  as  to  any  payments  that  may  have 
been  made  to  said  plaintiff,  or  to  any  person  for  his  use,  on 
account  of  the  demand  mentioned  in  said  complaint,  and 
to  report  the  amount  so  due,  and  also  such  proofs  and  exa- 
minations to  this  court,  with  all  convenient  speed. 


[  No.  274.  ] 

Order  of  reference  in  foreclosure,  all  due,  infant  defendants, 

but  no  absentees. 

At  a  special  term,  &c. 
(Title  of  action.) 

It  appearing  that  the  summons  in  this  action  has  been 
personally  served  upon  all  the  defendants  in  this  action 
more  than  twenty  days  since,  and  that  no  answer  has  been 
received  herein,  except  from  J.  G.  and  C.  D.,  who  are  in- 
fants, and  who  have  put  in  their  general  answer  by  B.  C, 
their  guardian  ;  on  motion  of  A.  B.,  Esq.,  of  counsel  for  the 
plaintiff,  and  after  hearing  B.  C,  Esq.,  guardian,  ad  litem,  it 
is  ordered  that  it  be  referred  to  B.  W.,  &c.,  (as  in  the  last 
form  to  the  end.) 


PRACTICAL  FORMS.  147 

[   No.  275.   ] 

Order  of  reference  in  foreclosure^  part  not  due. 

At  a  special  terra,  &c. 
(Title  of  action.) 

It  appearing  that  the  summons  in  this  action  has  been 
served  upon  all  the  defendants,  personally,  in  this  action 
more  than  twenty  days  since,  and  that  no  answer  has  been 
put  in  by  any  of  said  defendants,  except  C.  D.,  an  infant 
defendant  who  appears  by  S.  Q.,  his  guardian,  ad  litem,  and 
who  has  put  in  a  general  answer;  and  it  appearing  by  the 
complaint  herein,  that  this  action  was  commenced  to  procure 
the  foreclosure  of  a  mortgage  and  a  sale  of  the  mortgaged 
premises  therein  described,  and  that  a  part  of  the  debt 
secured  by  said  mortgage  and  the  bond  accompanying  the 
same  is  not  yet  due,  it  is  ordered  that  it  be  referred  to  J. 
C,  Esq.,  a  counsellor  of  this  court,  residing  in  the  city  of 
Utica,  to  compute,  ascertain  and  report  the  amount  actually 
due  to  the  plaintiff  for  principal  and  interest  on  said  bond 
and  mortgage,  and  which  remains  unpaid,  including  interest 
thereon  to  the  date  of  this  report,  and  also  to  take  proof  of 
the  facts  and  circumstances  stated  in  said  complaint  and 
report  the  same  to  this  court;  and  also  to  ascertain  and 
report  the  situation  of  the  mortgaged  premises,  and  whether 
in  his  opinion  the  same  can  be  sold  ^n  parcels  without  injury 
to  the  interests  of  the  parties  ;  and  if  he  shall  be  of  opinion 
that  a  sale  of  the  said  premises,  in  one  parcel,  will  be  most 
beneficial  to  the  parties,  then  that  he  report  his  reasons  for 
such  opinion. 


[  No.  276.  ] 

Order  to  show  cause  why  an  attachment  should  not  issue. 

At  a  special  term,  &,c. 
(■Title  of  action.) 

On   reading  and  filing  affidavits,  ice,  and   on  motion  of 
Mr.  B.,  of  counsel  for  the  plaintiff  (or  defendant,)  ordered 


148  I'RACTICAL  FORMS. 

that  the  defendant  (or  plaintiff,)  E.  M.,  show  cause  on  the 
next  motion  day  of  this  court,  at  the  City  Hall,  in  the  city 
of  Albany,  on  the  first  day  of  March  next,  why  an  attach- 
ment should  not  issue  against  hira,  and  he  be  punished  for 
his  alleged  misconduct  in  violating  the  injunction  issued 
in  this  action.  And  it  is  further  ordered,  that  copies  of  the 
affidavits  and  other  papers  on  which  this  motion  is  founded, 
be  served  upon  the  said  E.  M.,  personally,  at  least  five  days 
previous  to  the  said  first  day  of  March. 


f  No.  277.  ] 
Order  for  an  attachment  for  contempt. 

At  a  special  term,  &c. 
(Title  of  action.) 

On  reading  and  filing  affidavits,  and  on  motion  of  Mr.  B., 
of  counsel  for  plaintiff,  (or  defendant,)  and  on  hearing  R.  P., 
Esq.,  of  counsel  in  opposition  thereto  :  Ordered,  that  an  at- 
tachment issue  against  the  said  E.  M.,  returnable  at  the  next 
motion  term  of  this  court,  to  be  held  at  the  City  Hall,  in 
the  city  of  Albany,  on  the  last  Tuesday  of  March  inst.  And 
it  is  further  ordered,  that  the  said  E.  M.  be  held  to  bail  in 
the  sum  of  five  hundred  dollars. 


[  No.  278.  ] 

Order  for  an  injunction  on  complaint  of  interpleader . 

At  a  special  term,  &c. 
(Title  of  action.) 

On  reading  and  filing  affidavits  and  a  complaint  of  inter- 
pleader in  this  action,  and  on  motion  of  B.  C,  of  counsel 
for  the  plaintiff,  after  hearing  Mr.  L.  and  Mr.  W.,  of  coun- 
sel in  opposition  :  Ordered,  that  an  injunction  issue  pursu- 
ant to  the  prayer  of  the  said  complaint,  upon  the  plaintiff 
paying  into  the  hands  of  the  clerk  of  this  court  the  sura  of 
one  thousand  dollars,  mentioned  in  the  said  complaint. 


PRACTICAL  FORMS.  j^g 

[  No.  279.  ] 
Order  to  compel  report  of  referees. 

At  a  special  term,  &c. 
(Title  of  action.) 

On  reading  and  fding  affidavits  in  tliis  action,  and  on  mo- 
tion of  Mr.  C,  of  counsel  for  the  plaintiff,  (or  defendant) : 
Ordered,  that  the  referees  appointed  in  this  action,  do  report 
therein  in  ten  days  after  service  of  a  copy  of  this  order,  or 
show  cause  at  the  next  special  term  of  this  court,  to  be  held 
at  the  City  Hall,  in  the  city  of  Albany,  on  the  last  Tuesday 
of  February  next,  why  an  attachment  should  not  issue 
against  them. 


[  No.  280.  J 

Order  to  strike  action  from  the  calendar. 

At  a  general  term,  &c. 
(Title  of  action.) 

On  reading  and  filing  affidavits,  and  proof  of  service  of 
notice  of  motion  in  this  action,  on  motion  of  Mr.  B.,  of  coun- 
sel for  the  respondent,  after  hearing  Mr.  C,  of  counsel  for 
the  appellant:  Ordered,  that  this  cause  be  stricken  from 
the  calendar  of  this  court,  with  costs,  and  that  the  respond- 
ent have  judgment. 


[  No.  281.  ] 
Order  for  judgment  an  frivolous  answer  or  demurer. 
At  a  special  term,  &c. 
On  application  of  Mr.  R,,  plaintiff's  attorney,  and  on  no- 
tice  of  this   application,   and    proof  of  service  thereof  on 
defendant's  attorney,   no   one   appearing  to   oppose,  (after 
hearing  R.  M.,  of  counsel  for  defendant,)  ordered  judgment 
against  said  defendant  upon  his  answer  (or  demurrer)  for  the 
frivolousness  thereof,  with  ten  dollars  costs  of  this  motion, 
and  further  ordered  judgment  in  this  action  in  favor  of  said 
plaintilTs  against  the  said  defendant,  for  two  hundred  dollars 
with  costs  of  this  action. 


]  50  PRACTICAL  FORMS. 

[  No.  282.  J 

Order  appointing  commissioners  and  for  partition. 

At  a  special  term,  &c. 
(Title  of  action.) 

This  action  having  been  brought  on  to  be  heard  upon  the 
report  of  A.  B.,  a  referee  duly  appointed,  whereby  the  said 
referee  reported  that  the  premises  mentioned  in  the  com- 
plaint in  this  action  may  be  partitioned  and  divided  into 
four  equal  parts,  without  material  injury  to  the  rights  and 
interests  of  the  several  owners  thereof,  and  that  a  partition 
of  such  premises  would  be  more  advantageous  to  such 
owners  than  a  sale  thereof;  whereby  the  said  referee  re- 
ported the  said  plaintiff  entitled  in  fee  to  one  equal  undi- 
vided fourth  part  of  said  premises,  the  defendant,  L.  M.,  to 
one  equal  undivided  fourth  part  thereof,  the  defendant,  N. 
M.,  to  one  equal  undivided  fourth  part  thereof,  and  that  the 
defendant,  W.  M.,  is  entitled  to  the  remaining  undivided 
fourth  part  thereof.  On  motion  of  M.  R.,  of  counsel  for  the 
said  plaintiff,  no  one  appearing  to  oppose,  after  due  notice, 
it  is  ordered  and  adjudged  that  the  said  report  be,  and  the 
same  is  hereby  ratified  and  confirmed. 

And  it  is  further  ordered  and  declared,  that  the  rights  and 
interests  of  the  several  parties  to  this  action,  in  and  to  the 
several  lots,  pieces  or  parcels  of  land  described  in  the  com- 
plaint in  this  action,  are  as  stated  and  set  forth  in  the  said 
referee's  report. 

And  it  is  further  ordered  and  declared,  that  partition  be 
made  of  the  lands  and  premises  mentioned  and  set  forth  in 
the  complaint  in  this  action,  which  premises  are  described 
as  follows  :  (insert  description,)  among  the  parties  to  this 
action,  according  to  their  respective  rights  and  interests,  as 
the  same  were  reported  by  the  said  referee,  and  have  been  thus 
ascertained  by  this  court  and  established  by  this  judgment. 

And  it  is  further  ordered,  that  C.  M.,  H.  B.  and  L.  S., 
three  reputable  freeholders  of  the  county  of  Albany  be,  and 
they  are  hereby  appointed  commissioners  for  the  purpose  of 


PRACTICAL   FORMS.  [51 

making  such  partition  ;  that  the  said  commissioners,  before 
proceeding  to  the  execution  of  their  duties,  as  such,  shall 
be  severally  sworn  or  affirmed  before  some  officer  author- 
ized by  law  to  administer  oaths,  honestly  and  impartially  to 
execute  the  trust  reposed  in  them,  and  to  make  partition  as 
directed  by  this  court ;  and  that  such  oaths  or  affirmations 
be  filed  with  the  clerk  of  this  court  at  or  before  the  coming 
in  of  the  report  of  the  said  commissioners  hereinafter  directed 
to  be  made  ;  and  that  the  said  commissioners  shall  divide 
the  said  lands  and  premises  into  four  equal  parts,  quantity 
and  quality  relatively  considered,  and  that  they  allot  to  the 
plaintiff  one  of  the  said  equal  fourth  parts  of  the  said  pre- 
mises, to  the  defendants  L.  M.,  N.  M.  and  W.  M.,  each  one 
of  the  said  equal  fourth  part  of  the  said  premises,  to  be  held 
and  enjoyed  by  the  said  parties  in  severalty,  according  to  their 
rights  and  interests  therein  so  ascertained  and  determined  as 
aforesaid ;  and  that  the  said  commissioners  shall  designate  the 
part  or  portions  so  allotted  to  each  of  the  said  parties,  and  the 
boundaries  thereof,  by  sufficient  description  and  monuments. 
And  it  is  further  ordered  that  the  said  commissioners,  or 
any  two  of  them,  make  a  full  and  ample  report  to  this  court 
of  their  proceedings  in  this  behalf,  under  their  hands,  speci- 
fying therein  the  manner  in  which  they  shall  have  obeyed 
this  order,  and  describing  the  lands  divided,  and  the  parts 
or  shares  allotted  to  each  party,  with  the  quantity,  courses 
and  distances  of  each  share,  and  a  description  of  the  posts, 
stones  or  other  monuments  thereof,  and  the  items  of  their 
charges  in  the  premises.  That  the  said  commissioners,  or 
such  two  of  them  as  shall  sign  the  report,  do  acknowledge 
the  same,  or  cause  it  to  be  proven  in  the  same  manner  that 
deeds  are  required  to  be  acknowledged  or  proven  to  entitle 
the  same  to  be  recorded,  before  some  officer  authorized  to 
take  the  proof  or  acknowledgment  of  deeds,  and  that  such 
report  be  iiled  in  the  office  of  the  clerk  of  this  court.  That  all 
the  said  commissioners  do  meet  together  in  the  performance 
of  any  of  their  duties  under  this  order,  but  that  the  acts  and 
decisions  of  a  majority  of  such  commissioners  when  so  met, 
shall  be  valid. 


152  PRACTICAL  FORMS. 

And  it  is  further  ordered  that  the  said  commissioners  be 
authorized  to  employ  a  surveyor,  and  to  cause  all  necessary 
maps  and  surveys  to  be  made.  And  all  the  parties  in  this 
action  shall  produce  to  and  leave  with  the  said  commission- 
ers for  such  time  as  the  commissioners  shall  deem  reason- 
able, all  deeds,  writings,  surveys  or  maps  relating  to  the 
said  premises  or  any  part  thereof. 

xA.nd  it  is  further  ordered  and  adjudged  that  in  case  parti- 
tion of  such  premises  cannot  be  made  with  perfect  equality 
between  the  said  parties,  according  to  their  respective  rights 
and  interests  therein,  unless  compensation  be  made  by  one 
or  more  of  the  said  parties  to  the  other  of  them,  for  equality 
of  partition,  that  then  and  in  that  case  the  said  commission- 
ers, or  such  two  of  them  as  may  make  said  partition,  ascer- 
tain and  report  the  proper  compensation  which  ought  to  be 
made  for  equality  of  partition  ;  and  by  which  of  the  parties 
the  same  should  be  paid  and  to  which  the  same  ought  to  be 
allowed.  But  the  said  commissioners  shall  not  report  com- 
pensation to  be  paid  by  an  infant  for  equality  of  partition, 
unless  it  satisfactorily  appears  to  them  that  he  or  they  have 
sufficient  personal  estate  to  pay  the  same,  and  his  or  their 
shares  of  the  costs  and  expenses  of  this  action,  and  all  other 
liens  on  his  or  their  share  of  the  premises,  except  in  cases 
where,  from  the  situation  of  the  property  and  interests  of 
the  parties,  it  cannot  be  charged  upon  the  share  of  an  adult. 


[  No.  283.  J 

Oath  of  Commissioners. 

Albany  city  and  county,  ss :  We,  C.  M.,  H.  B.  and  L. 
S.,  the  commissioners  within  named,  do  severally  swear  that 
we  will  honestly  and  impartially  execute  the  trust  reposed 
in  us,  by  the  within  order,  and  make  partition  as  therein  di- 
rected by  the  court.  C.  M. 

H.  B. 
L.  S. 
Subscribed  and  severally  sworn  before  me, } 
the  20th  day  of  February,  1852,  S 

M.  M.,  Commissioner  of  Deeds. 


PRACTICAL  FORMS.  |ro 

[  No.  284.  j 

Oath  of  referees. 
(Title  of  action.) 

Greene  county,  ss  :  We  the  referees  appointed  in  this 
action,  do  swear  that  we  respectively  will  faithfully  and 
fairly  hear  and  examine  this  action,  and  make  a  just  and 
true  report  therein,  according  to  the  best  of  our  understand- 
ing. 

A.  B. 

C.  D. 

E.  F. 

Severally  sworn,  &c. 


[  No.  285.  J 

Petition  far  appointment  of  {prochein  ami  or)  guardian  for  an 

infant  plaintiff. 

To  the  Hon.  Ira  Harris,  one  of  the  justices  of  the  supreme 
court  of  the  State  of  New  York : 

The  petition  of  C.  D.,  an  infant  under  the  age  of  twenty- 
one  years,  to  wit,  of  the  age  of  eighteen  years,  respectfully 
showeth  : 

That  your  petitioner  is  about  to  commence  an  action  in 
the  supreme  court  of  the  State  of  New  York,  against  L.  M. 
for  (here  state  the  cause  of  action.) 

But  as  your  petitioner  is  an  infant,  as  above  set  forth,  he 
prays  that  E.  W.,  of  the  city  of  Troy,  counsellor  at  law, 
a  competent  and  responsible  person,  may  be  appointed  to 
prosecute  the  said  action  for  your  petitioner,  as  his  guar- 
dian, accorfling  to  the  statute  in  such  case  made  and  pro- 
vided.    Dated  December  10,  1851. 

CD. 

Consent  annexed. 

I  consent  to  become   the  guardian  of  C.  D.,  in  the  ac- 
tion mentioned  in  the  foregoing  petition. 
Dated  December  11,  1851. 

E.  W. 


> 


154  PRACTICAL  FORMS. 

[  No.  286.  ] 

Petition  for  appointment  of  guardian  of  an  infant  defendant. 

To  Hon.  Ira  Harris,  one  of  the  justices  of  the  supreme 
court  of  the  State  of  New  York  : 

The  petition  of  B.  P.,  an  infant  under  the  age  of  twenty- 
one  years;  to  wit,  of  the  age  of  nineteen  years,  respectfully 
showeth  : 

That  an  action  has  been  commenced  against  your  petitioner 
in  the  supreme  court  of  the  State  of  New  York,  by  J.  S., 
for  (here  state  cause  of  action.) 

But  as  your  petitioner  is  an  infant  as  above  set  forth,  he 
prays  that  W.  C,  of  the  city  of  Schenectady,  a  merchant, 
may  be  appointed  the  guardian  of  your  petitioner,  in  the 
defence  of  said  action,  according  to  the  statute  in  such  case 
made  and  provided.     Dated  January  2,  1852. 

B.  P. 

Consent  annexed. 

I  consent  to  become  the  guardian  of  B.  P.,  in  the  defence 
of  the  action  mentioned  in  the  foregoing  petition. 

Dated  January  3,  1852.  W.  C. 


[  No.  287.  J 

Petition  to  compel  the  discovery  and  production  of  papers. 

To  the  Hon.  Ira  Harris,  one  of  the  justices  of  the  supreme 
court : 

The  petition  of  E.  W.  respectfully  showeth,  that  an  action 
has  been  commenced  in  the  said  supreme  court  by  (or  against) 
your  petitioner,  against  (or  by)  F.  X.,  by  the  service  of  a 
summons  for  (here  state  the  cause  of  action.) 

And  your  petitioner  further  shows,  that  a  certain  paper 
writing  (here  describe  the  paper  sufficiently  to  identify  it)  is 
in  the  custody  or  under  the  control  of  the  said  F.  X.  (or  E. 
'W.,)asyour  petitioner  expressly  charges  and  verily  believes. 


PRACTICAL  FORMS.  ;^55 

And  your  petitioner  further  shows,  that  the  said  paper 
writing  is  material  to  enable  your  petitioner  to  prepare  his 
complaint  (answer,  or  reply,  or  for  trial)  in  said  action  ;  and 
that  your  petitioner  cannot  safely  prepare  his  complaint 
(answer,  or  reply,  or  for  trial)  without  the  said  paper  writ- 
ing, as  he  is  advised  by  his  counsel  and  verily  believes. 

Wherefore  your  petitioner  prays  your  honor  to  grant 
him  an  order,  pursuant  to  the  statute  in  such  case  made  and 
provided,  requiring  the  said  F.  X.  (or  E.  W.,)  to  give  to 
your  petitioner,  within  a  specified  time,  an  inspection  and 
copy  of  the  said  paper  writing,  above  mentioned,  so  as  to 
enable  your  petitioner  to  prepare  his  complaint  (answer,  or 
reply,  or  for  trial)  in  the  said  action. 

(When  the  object  of  discovery  is  to  prepare  for  trial,  then 
insert  immediately  after,  a  description  of  the  nature  of  the 
action,  the  following :  "  and  the  said  action  is  at  issue  on  the 
pleadings  served  in  the  said  action.") 


[  No.  288.  ] 

Petition  to  be  admitted  to  sue  in  forma  pauperis. 

To  the  justices  of  the  supreme  court  of  the  State  of  New 
York: 

The  petition  of  A.  B.,  of  the  city  of  Troy,  respectfully 
showeth  that  C.  G.,  of  the  city  of  Schenectady,  is  justly 
indebted  to  your  petitioner  in  the  sum  of  five  hundred  dol- 
lars for,  &c.,  (here  state  the  grounds  of  the  claim)  and  your 
petitioner  has  not  commenced  an  action  against  him  for  the 
same,  being  unable  to  carry  on  his  action,  as  will  appear  by 
the  affidavit  of  your  petitioner  hereunto  annexed. 

Your  petitioner  therefore  prays  that  he  may  be  admitted 
to  prosecute  an  action  against  the  said  C.  G.  for  the  reco- 
very of  the  said  demand  in  forma  paupei-is,  according  to  the 
form  of  the  statute  in  such  case  made  and  provided,  ^ind  this 
honorable  court  will  assign  to  him  an  attorney  and  counsel- 
lor of  this  court  to  prosecute  his  said  action. 

A.  B. 


156  PRACTICAL  FORMS. 

Jiffidavit  annexed. 

City  of  Troy,  ss  ;  A.  B.,  the  above  named  petitioner, 
being  sworn  says,  that  he  is  not  worth  twenty-five  dollars 
in  the  world,  save  and  except  his  wearing  apparel,  and  his 
demand  against  the  said  C.  G.,  set  forth  in  the  foregoing 
petition,  and  that  he  knows  the  contents  of  the  foregoing 
petition  by  him  subscribed,  and  that  the  same  is  true. 

A.  B. 

Sworn,  &c. 

Certificate  of  Counsel. 

To  the  Supreme  Court : 

I  have  examined  the  claim  of  the  above  named  petitioner 
against  C.  G.,  set  forth  in  the  foregoing  petition,  and 
believe  he  has  a  valid  demand  and  a  good  cause  of  action 
thereon  against  the  said  C.  G. 

X.  v.,  Counsellor,  &c. 


-  *  [  No.  289.  ] 

Complaint  against  maker  of  a  note. 

Supreme  Court.- — County  of  Greene. 
A.  B.  )  .^     - 

C.  D.  ^  ^ 

The  above  plaintiff  complains  that  the  above  named  de- 
fendant, on  the  fourth  day  of  March,  1850,  by  his  promis- 
sory note,  in  writing,  for  value  received,  promised  to  pay  to 
this  plaintiff  the  sum  of  five  hundred  dollars,  twenty  days 
from  the  date  thereof,  and  that  he  has  not  paid  the  same  nor 
any  part  thereof,  but  is  justly  indebted  to  the  plaintiff 
therefor  ;  whereupon  the  plaintifFdemands  judgment  against 
the  said  defendant  for  five  hundred  dollars,  with  interest 
thereon  from  the  twenty-seventh  day  of  March,  one  thou- 
sand eight  hundred  and  fifty,  besides  costs  of  this  action. 

L.  M.,  Plaintiff's  Attorney, 

Coxsackie. 


PRACTICAL  FORMS.  157 

County  of  Greene,  ss  :  A.  B.  the  plaintiff,  being  sworn, 
says,  the  foregoing  complaint  is  true  of  his  own  knowledge, 
except  as  to  the  matters  which  are  therein  stated  on  his 
information  and  belief,  and  as  to  those  matters  he  believes 
it  to  be  true.  A.  B. 

B.  P.,  Justice  of  the  Peace. 


>worn  before  me  this  } 
Feb.  27,  1852,      \ 


[  No.  290.  J 

Complaint  against  maker  and  endorser  of  note. 

SuPKEME  Court. — County  of  Rensselaer. 

A.  B.  and  C.  D., 

agt. 

E.  F.,  G.  H.  and  J.  K. 

The  above  named  plaintitfs  complain  that  the  defendant, 
E.  F.  on  the  first  day  of  January,  1850,  at  Albany,  by  his 
promissory  note,  in  writing,  for  value  received,  promised  to 
pay  to  the  defendants  G.  H.  and  J.  K.,  or  their  order,  the 
sum  of  three  hundred  dollars,  thirty  days  from  the  date 
thereof,  and  the  defendants  G.  H.  and  J.  K.  by  the  style  of 
H.  &  Co.,  afterwards  for  value  received,  endorsed  the  said 
note,  and  the  same  was  thereupon,  for  valued  received, 
transferred  to  the  said  plaintiffs.  That  payment  of  said  note 
was  dlily  demanded  at  maturity,  and  the  same  was  thereupon" 
duly  protested  for  non-payment,  and  notice  thereof  duly 
given  to  the  said  endorsers,  the  expense  of  which  protest 
was  the  sum  of  seventy-five  cents.  That  s^id  defendants 
have  never  paid  the  said  note,  or  any  part  of  it,  but  are  justly 
indebted  to  the  plaintiffs  therefor.  Whereupon  the  plain- 
tiffs demand  judgment  against  the  defendants  for  three  hun- 
dred dollars,  with  interest  from  the  fourth  da\«of  February, 
one  thousand  Mght  hundred  and  fifty,  besides  costs  of  this 
action,  and  said  seventy-five  cents  notary's  fees. 

A.  L.,  Plaintiffs'  Att'y,  Albany. 


^ 


J58  PRACTICAL  FORMS. 

I"  No.  291.  ] 

Complaint  on  check  against  maker. 

(Title  of  action.) 

The  above  named  plaintiff  complains  that  the  defendant, 
for  value  received,  on  the  first  day  of  March,  1851,  made 
his  check  in  writing,  dated  that  day,  directed  to  the  Albany 
Exchange  Bank,  and  thereby  directed  and  required  the  said 
bank  to  pay  to  the  plaintiff,  or  bearer,  on  demand,  the  sum 
of  one  hundred  dollars,  and  the  defendant  then  delivered  the 
said  check  to  the  plaintiff.  And  the  plaintiff  says,  that  after 
the  making  of  the  said  check,  and  on  the  first  day  of  March 
aforesaid,  the  said  check  was  presented  to  the  said  bank, 
and  payment  demanded  therefor  ;  but  the  said  bank  have  not 
paid  the  said  check,  or  any  part  thereof,  of  which  defendant 
had  due  notice ;  nor  has  the  said  defendant  paid  the  same, 
or  any  part  thereof.  Wherefore  the  plaintiff  demands  judg- 
ment against  the  said  defendant  for  the  sum  of  one  hundred 
dollars,  and  interest  thereon  from  the  first  day  of  March, 
one  thousand  eight  hundred  and  fifty-one,  together  with 
costs  of  this  action. 

M.  R.,  Plaintiff's  Att'y,  Troy. 


f  No.  292.  J 

Complaint  on  check  against  maker  and  endorser. 

(Title  of  action.) 

The  above  named  plaintiff  complains  that  the  defendant, 
G.  H„  for  value  received,  on  the  first  day  of  March,  1851, 
made  his  draft  or  check  in  writing,  dated  that  day,  directed 
to  the  Albany  City  Bank,  and  thereby  directed  and  required 
the  said  Bank  to  pay  to  the  defendant,  L.  M.,  or  order,  the 
sum  of  one  hundred  dollars,  and  the  said  defendant,  L.  M., 
for  value  received,  afterwards  endorsed  the  said  check,  and 
the  same  was,  for  value  received,  delivered  to  the  said 
plaintiff.     That  payment  of  said  check  was  duly  demanded, 


PUACTICAL  FORMS.  ^59 

and  the  same  was  thereupon  duly  protested  for  non-pay- 
ment, and  notice  thereof  duly  given  to  the  said  endorser, 
the  expense  of  which  protest  was  the  sum  of  seventy-five 
cents.  That  said  Bank  or  said  defendant  have  never  paid 
the  said  check  or  any  part  of  it,  but  said  defendants  are 
justly  indebted  to  the  plaintiffs  therefor;  whereupon  the 
plaintiff  demands  judgment  against  the  defendant  for  one 
hundred  dollars,  with  interest  from  the  first  day  of  March, 
one  thousand  eight  hundred  and  fifty-one,  besides  costs  of 
this  action  and  said  seventy-five  cents  notary's  fees. 

M.  R.,  Plaintiff's  Att'y, 

New  York. 


[  No.  293.  ] 

Complaint  mi  bill  of  exchange  against  acceptor. 

(Title  of  action.) 

The  plaintiff,  in  this  his  complaint,  shows  to  the  court 
that  on  the  first  day  of  July,  1850,  one  C.  B.,  of  the  city  of 
Buffalo,  made  his  draft  or  bill  of  exchange  in  writing  and 
directed  to  the  defendant,  and  thereby  required  the  said 
defendant,  two  months  after  the  date  thereof,  to  pay  to  the 
plaintiff  or  order  the  sum  of  one  hundred  dollars  and  interest 
thereon  from  the  date  thereof,  and  the  said  defendant  after- 
wards and  for  value  received,  accepted  the  said  draft  or  bill, 
and  for  value  received  transferred  the  same  to  the  plaintiff. 
But  the  said  defendant  has  not  paid  the  same  nor  any  part 
thereof,  but  is  justly  indebted  to  the  plaintiff  therefor  in  the 
sum  of  one  hundred  dollars  and  interest  thereon  from  the 
first  day  of  July,  one  thousand  eight  hundred  and  fifty, 
together  with  costs  of  this  action,  and  for  which  sum,  in- 
terest and  costs  the  plaintiff  demands  judgment.  * 

R.  P.,  Plaintiff's  Att'y, 
Buffalo. 


i60  PRACTICAL  FORMS. 

[  No.  294.  ] 

Complaint  on  bill  of  exchange^  acceptor  against  drawer. 

(Title  of  action.) 

This  plaintiff,  in  this  his  complaint  says,  that  these 
defendants  are  indebted  to  him  for  certain  moneys  advanced 
by  this  plaintiff  and  by  him  paid  in  taking  up  a  certain  draft 
drawn  by  these  defendants,  by  the  style  of  J.  B.  &  Co.,  for 
two  hundred  dollars  and  interest,  dated  July  10,  1850,  pay- 
able ten  days  after  date,  and  accepted  by  this  plaintiff  and 
by  him  paid  at  maturity,  without  funds  in  plaintiff's  hands 
to  meet  the  same. 

Wherefore  he  demands  judgment  against  said  defendants 
for  two  hundred  dollars  and  interest  thereon  from  July  tenth, 
one  thousand  eight  hundred  and  fifty,  with  costs  of  this 
action. 

M.  R.  Plaintiff's  Att'y,  Utica. 


[  No.  295.  J 

Complaint  on  bill  of  exchange,   against  acceptor,  drawer  and 

endorser. 

(Title  of  action.) 

This  plaintiff  in  his  complaint,  shows  that  the  defendant, 
A.  B.,  at  Buffalo,  made  his  draft,  or  bill  of  exchange,  bear- 
ing date  January  5,  1850,  directing  and  requiring  the 
defendant  C.  D.,  for  value  received,  to  pay  to  the  order  of 
defendant,  E.  F.,  the  sum  of  one  thousand  dollars,  and  in- 
terest, ten  days  from  the  date  thereof,  and  the  said  defendant, 
C.  D.,  for  value,  accepted  the  said  draft,  and  the  same  was, 
for  value  received,  endorsed  by  the  said  E.  F.,  and  by  him, 
for  value,  transferred  to  the  said  plaintiff:  That  payment 
of  the  said  draft  was  duly  demanded  at  maturity,  and  the 
same  was  thereupon  duly  protested  for  non-payment,  and 
notice  thereof  duly  given  to  the  said  drawer  and  endorser, 
the  expense  of  which  protest  was  seventy-five  cents  :  That 
said    defendants  have  never  paid  said  draft,  or  any  part 


PRACTICAL  FORMS.  j(3[ 

thereof,  but  are  justly  indebted  to  the  plaintifTs  therefor, 
whereupon  the  phiintitf  demands  judf^ment  against  the  said 
defendants  for  one  thousand  dolhirs,  and  interest  thereon 
from  the  fifth  day  of  January,  one  thousand  ei<;iit  hundred 
and  fifty,  with  costs  of  this  action,  and  said  seventy-five 
cents,  notary's  fees. 

B.  C,  Phiintiff's  Att'y, 

Albany.     • 


[  No.  296.  ] 

Complaint  on  bill  of  exchange  against  maker  for  non-acceptance. 

(Title  of  action.) 

This  plaintiff  in  his  complaint  says,  that  the  defendant  on 
the  first  day  of  July,  one  thousand  eight  hundred  and  fifty- 
one,  for  value  received,  made  his  draft  or  bill  of  exchange 
and  directed  the  same  to  one  A.  B.,  requiring  the  said  A.  B. 
to  pay  to  the  defendant,  sixty  days  from  the  date  thereof, 
the  sum  of  five  hundred  dollars  and  interest  from  the  date 
thereof,  and  for  value  the  said  defendant  transferred  the 
same  to  the  plaintiff;  that  the  said  draft  was  duly  and  in 
due  time  presented  the  said  A.  B.,  and  duly  protested  for 
the  non-acceptance  thereof,  and  notice  thereof  given  to  the 
said  defendant ;  the  expense  of  which  protest  is  the  sum  of 
seventy-five  cents.  That  said  defendant  has  not  paid  the 
said  draft  or  any  part  thereof.  Whereupon  the  plaintiff 
demands,  &c.,  (as  in  the  usual  form.) 


[  No.  297.  ] 

Complaint  for  work,  labor  and  services. 

(Title  of  action.) 

The  comj)laint  of  this   plaintiff  shows  to  this  court,  that 
the  above  named  defendant  is  indebted  to  him  for  the  work, 
labor  and  services  of  the  plaintiff,  from  the  first  day  of  May, 
11 


HjO  PRACTICAL   FORMS. 

1850,  to  the  first  day  of  May,  1851,  in  the  sum  of  three  hun- 
dred dollars,  and  interest  thereon  from  the  first  day  of  May, 
one  thousand  eight  hundred  and  fifty-one,  for  which  sum, 
with  the  costs  of  this  action,  the  plaintiff  demands  judgment. 

R.  M.,  Plaintiff's  Att'y, 

New  York. 


[  No.  298.  ] 

Complaint  f 01'  goods  sold  and  delivered. 

(Title  of  action.) 

The  complaint  of  the  plaintiff,  respectfully  shows,  that  the 
said  defendant  is  indebted  to  this  plaintiff  for  goods,  wares 
and  merchandise,  to  wit :  law  books,  blank  books  and  sta- 
tionery, heretofore  sold  and  delivered  by  this  plaintiff  to 
the  said  defendant  at  divers  times,  amounting  to  five  hundred 
dollars,  and  interest  thereon  from  the  sixth  day  of  June, 
1847.  Wherefore  the  said  plaintiff  demands,  &c.,  (as  in 
the  usual  form.) 


[  No.  299.  J 
Complaint  for  use  and  occupation. 

(Title  of  action.) 

This  plaintiff  in  his  complaint  says,  that  the  said  defend- 
ant is  indebted  to  this  plaintiff  for  the  use  and  occupation  of 
certain  rooms  in  the  atheneum  building,  from  the  first  of 
May,  1849,  to  the  first  day  of  May,  one  thousand  eight  hun 
dred  and  fifty,  at  the  yearly  rent  of  two  hundred  dollars. 

Wherefore,  he  demands  judgment,   &c.  (as  in  the  usual 
form.) 


[  No.  300.  J 

Complaint  on  bond  for  payment  of  money. 

(Title  of  action.) 

This  plaintiff  complains  of  the  defendant  and  says,  that 
on  the  tenth  day  of  July,  1849,  the  said  defendant  made  his 


PRACTICAL  FORMS. 


163 


certain  bond  or  writing  obligatory,  sealed  with  his  seal,  and 
in  the  words  and  figures  following,  to  wit :  (here  set  forth 
copy  bond.)  And  the  plaintiff  further  says,  that  said 
defendant  has  not  paid  the  sum  in  the  said  writing  obliga- 
tory mentioned,  or  any  part  thereof,  although  often  request- 
ed so  to  do,  but  is  justly  indebted  to  the  plaintiff  therefor. 
Whereupon  the  said  plaintiff  demands  judgment,  &c.  (as  in. 
the  usual  form.) 


[  No.  301.  J 

Complaint  on  undertaking  on  appeal. 

(Title  of  action.) 

The  above  named  plaintiff  in  this  his  complaint  says,  that 
heretofore  and  on  or  about  the  twentieth  day  of  March, 
1849,  he  recovered  a  judgment  in  the  Mayor's  court  of  the 
city  of  Albany,  (or  Albany  county  court,  or  Supreme  court,) 
against  one  0.  M.,  as  appears  by  the  record  thereof  in  the 
clerk's  office  of  the  county  of  Albany,  from  which  judgment 
the  said  M.  appealed  to  (the  general  term  of)  the 
Supreme  court,  and  that  on  such  appeal  the  said  defendant 
R.  D.  and  S.  E.  in  their  proper  persons  became  pledges  and 
bail  for  said  M.  in  the  said  action  then  pending,  by  an 
undertaking  under  the  code  of  procedure  in  manner  and 
form  following,  that  is  to  say,  that  if  the  said  M.  should 
pay  all  costs  and  damages,  which  might  be  awarded  against 
him  on  the  said  appeal,  not  exceeding  two  hundred  and  fifty 
dollars,  and  also  if  the  said  judgment  appealed  from,  or  any 
part  thereof,  be  affirmed,  the  said  M.  would  pay  the  amount 
directed  to  be  paid  by  tlie  judgment,  or  the  part  of  such 
amount  as  to  which  the  judgment  shall  be  affirmed,  if  it  be 
affirmed  only  in  part,  and  all  damages  which  shall  be  award- 
ed against  the  ajjpellant  upon  the  appeal,  then  the  obliga- 
tion to  be  void,  otherwise  to  remain  in  full  force  and  effect. 
And  this  plaintifi"  turiher  says,  that  afterwards  the  judgment 
mentioned  and  referred  to  in  the  said  undertaking  and  in 
this  complaint  mentioned,  as  recovered  against  the  said  M., 


J(34  PRACTICAL  FORMS 

was  wholly  affirmed  by  the  Supreme  court,  with  costs  of  the 
appeal,  and  the  costs  on  the  said  appeal  awarded  against 
the  said  M.  amount  to  one  hundred  dollars,  and  that  the 
amount  of  said  judgment  and  interest  thereon  and  costs  so 
awarded,  is  two  hundred  and  thirty  dollars,  which  by  the 
said  Supreme  court  was  then  and  there  adjudged  to  this 
plaintitf,  as  appears  by  the  record  and  docket  of  the  said 
judgment  duly  entered  and  docketed  in  the  office  of  the 
clerk  of  the  county  of  Albany,  on  the  nineteenth  day  of 
September,  1851 ;  that  execution  thereon,  issued  to  the 
sheriff  of  said  county  of  Albany,  for  the  collection  of  said 
two  hundred  and  thirty  dollars  which  was  returned  by  said 
sheriff  wholly  unsatisfied,  and  nothing  has  been  collected  or 
paid  on  said  judgment,  but  the  same  is  in  full  force,  strength 
and  effect,  wholly  unsatisfied,  whereby  an  action  has  ac- 
crued to  this  plaintiff  to  have  and  receive  the  said  sura  of 
money  of  these  defendants,  according  to  the  tenor  and  effect 
of  the  said  undertaking. 

Nevertheless,  the  said  defendants  have  not  paid  the  said 
plaintiff  the  said  sum  of  money,  nor  any  part  thereof,  but 
are  justly  indebted  to  the  plaintiff  therefor  in  the  sum 
of  two  hundred  and  thirty  dollars,  and  interest  thereon  from 
the  nineteenth  day  of  September,  1851,  wherefore  he 
demands  judgment  against  the  said  defendant  for  the  sum  of 
two  hundred  and  thirty  dollars,  and  interest  thereon  from  the 
nineteenth  day  of  September,  one  thousand  eight  hundred  and 
fifty  one,  together  with  costs  of  this  action. 

L.  M.,  Plaintiff's  Att'y, 

Albany. 


[  No.  302.  ] 

Complaint  on  bond  other  than  for  payment  of  money. 

(Title  of  action.) 

This  plaintiff  in  his  complaint,  says,  that  the  said  defend- 
ant, on  the  tenth  day  of  October,  1849,  made  his  certain 
bond    or  writing  obligatory,  sealed  with  his  seal,  and  in 


PUACTICAL   FORMS.  1(35 

the  words  and  figures  following,  to  wit :  (copy  bond.)  Nev- 
ertheless, the  said  plaintiff  in  fact  says,  that  after  making 
the  said  bond  or  writing  obligatory,  the  said  defendant  did 
on  (here  set  forth  the  several  breaches  made  by  the  defend- 
ant.) By  means  of  which  said  several  premises,  this  plain- 
tiff has  sustained  damages  to  a  large  amount,  to  wit,  to  the 
amount  of  five  hundred  dollars,  whereby  an  action  has  ac- 
crued to  him,  the  said  plaintiff,  to  demand  and  have  of  and 
from  the  said  defendant,  the  sum  of  five  hundred  dollars. 
Yet  the  said  defendant  (although  often  requested  so  to  do,) 
has  not  as  yet  paid  the  said  sum  of  five  hundred  dollars, 
above  demanded,  or  any  part  thereof,  to  the  said  plaintiff, 
but  has  hitherto  wholly  neglected  and  refused,  and  still 
neglects  and  refuses  so  to  do,  to  his  damage  of  five  hundred 
dollars.  Wherefore  he  demands  judgment,  &c.,  (as  in  the 
usual  form.)  / 


[  No.  303.  J 
Complaint  by  husband  and  wife  on  bond  to  wife  before  coverture. 

A.  B.,  and  M.  his  wife, 

agt. 

C.  H. 

These  plaintiffs,  in  their  complaint,  say,  that  the  said  de- 
fendant heretofore,  and  whilst  the  said  M.  was  sole  and  un- 
married, to  wit,  on  the  fifth  day  of  June,  1849,  at  Utica,  by 
his  certain  bond  or  writing  obligatory,  sealed  with  his  seal, 
and  in  the  words  following,  that  is  to  say,  (here  copy  bond.) 
Yet  the  said  defendant,  although  often  requested  so  to  do, 
has  not  as  yet  paid  the  said  sum  above  demanded,  or  any 
part  thereof,  to  the  said  M.,  while  she  was  sole  and  unmar- 
ried, or  to  the  said  plaintiffs  or  either  of  them  since  their 
intermarriage,  but  has  hitherto  wholly  neglected  and  refused, 
and  still  does  neglect  and  refuse  to  pay  the  same,  or  any 
part  thereof,  to  these  plaintiffs,  or  either  of  them.  Where- 
upon they  demand  judgment,  &c.,  and  (as  in  the  usual  form.) 


]g(5  PRACTICAL   FORMS. 

[  No.  304.  ] 

Complaint  by  executor  on  policy  of  life  insurance. 

A.  B.,  executor  of  the  last  will  and  "j 
testament  of  C.  D.,  deceased,        ( 
agt. 
F.  E.  insurance  company. 

This  plaintiff  in  his  complaint,  says,  that  the  defendant,  at 
the  request  and  for  the  benefit  of  C.  D.,  on  the  first  day  of 
May,  1848,  made  their  writing  obligatory,  or  policy  of  in 
surance,  under  their  respective  seals,  in  the  words  and  fig- 
ures following,  (insert  policy)  which  said  policy  of  insurance 
the  said  defendant  on  the  said  first  day  of  May,  did  for  the 
consideration  or  premium  therein  expressed,  deliver  to  the 
said  C.  D.  ;  and  the  plaintiff  further  says,  that  the  said  C.  D. 
duly,  and  in  due  time  paid  the  annual  premiums  mentioned 
in  the  said  policy,  from  the  time  of  making  the  said  policy 
until  the  time  of  his  decease. 

And  this  plaintiff  further  says,  that  the  said  C.  D.  depart- 
ed this  life,  but  not  by  his  own  hands,  or  the  hands  of  justice, 
the  sixth  day  of  June,  1850,  having  previously,  and  on  the 
tenth  day  of  January,  1850,  made  his  last  will  and  testament 
in  due  form,  thereby  appointing  this  plaintiff  the  executor 
thereof;  which  said  last  wnll  and  testament  has  been  duly 
proved  by  the  surrogate  of  the  county  of  Greene,  and  letters 
testamentary  duly  issued  to  this  plaintiff  on  the  first  day  of 
July,  1850. 

And  this  plaintiff  further  says,  that  the  defendants  have 
not  paid  the  said  sum  of  five  thousand  dollars,  nor  any  part 
thereof.  Wherefore  he  demands  judgment,  &c.,  (as  in  the 
usual  form.) 


[  No.  305.  ] 

Complaint  on  policy  of  insurance  of  goods,  ^c. 

(Title  of  action.) 

The  plaintiff  in  his  complaint,  shows  that  the  said  defend- 
ants heretofore,  and  on  the  twentieth  day  of  July,  1851, 
made  a  certain  deed,  poll,  or  policy  of  insurance,  and  sealed 


PRACTICAL  FORMS. 


167 


with  the  seal  of  the  defendants,  in  the  words  and  fifrures 
following,  (insert  policy)  which  said  deed,  poll  or  policy  of 
insurance,  the  said  defendants,  on  the  said  twentieth  day  of 
July,  delivered  to  this  plaintiff,  upon  his  paying  to  the  said 
defendants  the  amount  of  premium,  as  in  the  said  policy  ex- 
pressed and  set  forth,  and  that  thereupon  the  said  defendants 
became  the  insurers  to  the  said  plaintiff  for  the  sum  of  one 
thousand  dollars,  in  the  said  policy  of  insurance  set  forth, 
of  the  goods,  wares  and  merchandise  in  the  said  building, 
in  the  said  policy  mentioned. 

And  this  plaintiff  further  says,  that  at  the  time  of  insuring 
the  said  goods,  wares  and  merchandise,  he  was  the  sole 
owner  thereof,  and  so  continued  the  sole  and  exclusive  owner 
till  the  same  were  destroyed  by  fire  on  the  sixth  day  of  De- 
cember, 1851.  (Next  aver  the  cause  of  the  fire,  loss  and 
destruction  of  the  goods,  and  the  facts  as  to  the  compliance 
of  the  terms  as  to  proof  of  loss,  to  entitle  the  plaintiff  to  re- 
cover,) by  reason  whereof  an  action  has  accrued  to  the  said 
plaintiff  to  have,  and  demand  of  and  from  the  said  defend- 
ants, the  said  sum  of  one  thousand  dollars,  so  insured  as 
aforesaid,  and  interest  thereon.  Wherefore  he  demands 
judgment,  &c.,  (as  in  the  usual  form.) 


[  No.  306.  ] 

Complaint  against  lessee  for  rent. 

(Title  of  action.) 

This  plaintiff  complains  of  the  defendant,  and  shows,  that 
heretofore  and  on  or  about  the  first  day  of  May,  1850,  he 
rented  to  the  defendant  herein,  a  store  and  dwelling  known 
and  distinguished  as  lot  No.  42  Green  street,  in  the  city  oi 
Utica,  at  the  yearly  rent  of  two  hundred  dollars,  payable 
quarterly,  which  said  sum  this  defendant,  by  an  agreement 
in  writing  by  him  signed,  agreed  to  pay;  and  that  having 
so  hired  the  said  premises,  the  said  defendant  entered  and 
occupied,  but  has  not  paid  the  rent  for  the  same  for  the  first 


1(58  PRACTICAL   FORMS. 

two  quarters  of  the  said  year,  amounting  to  one  hundred 
dollars  and  interest  thereon  from  the  first  day  of  November, 
1S51.  Whereupon  he  demands  judgment,  &c.,  (as  in  the 
usual  form.) 


[  No.  307.  ] 

Complaint  for  the  non-delivery  of  goods  sold. 

(Title  of  action.) 

The  plaintiff  in  his  complaint  says,  that  on  the  third  day 
of  July,  1851,  he  bought  of  the  defendant  one  thousand 
barrels  of  flour  at  the  price  or  sum  of  five  dollars  per  barrel, 
which  said  flour  the  said  defendant  then  and  there  sold  to 
this  plaintiff,  and  agreed  to  deliver  to  this  plaintiff,  at  his 
store,  in  the  city  of  Schenectady,  on  or  before  the  tenth  day 
of  July,  aforesaid,  on  the  following  terms,  to  wit:  the  pay- 
ment of  three  hundred  dollars  at  the  time  of  such  sale,  and 
the  balance  in  ten  days  from  the  delivery  of  the  said  flour; 
and  this  plaintiff  further  says,  that  he  paid  to  the  said 
defendant  the  said  sum  of  three  hundred  dollars,  and  is  still 
ready  and  willing  to  fulfil  and  perform  his  part  of  the  said 
contract,  but  the  said  defendant,  although  sufficient  time  has 
elapsed  therefor,  has  failed  to  fulfil  his  part  of  the  said 
agreement,  and  does  still  neglect  and  refuse  to  perform  the 
same,  to  the  great  damage  of  this  plaintiff,  to  wit :  to  the 
damage  of  five  hundred  dollars.  Wherefore  he  demands 
judgment,  &c.,  (as  in  the  usual  form.) 


[  No.  308.  ] 

Complaint  against  Carrier  for  loss  of  goods. 

(Title  of  action.) 

This  plaintiff  says,  that  this  defendant  is  a  common  carrier 
of  goods  and  chattels  for  hire,  and  that  this  plaintiff,  on  the 
first  day  of  June,  1849,  delivered  to  the  said  defendant  as 
such  common  carri'er,  in  the  city  of  Buffalo,  five  hundred 


PRACTICAL  FORMS.  \C)9 

bushels  of  wheat,  to  be  carried  and  transported  by  the  said 
defendant  for  the  said  plaintiff,  from  the  said  city  of  BulTalo 
to  the  city  of  New  York,  and  to  be  delivered  to  this  plaintiff 
at  the  city  of  New  York  on  or  before  the  first  day  of  August, 
1849  ;  and  the  defendant  so  received  the  said  wheat,  and 
promised  safely  to  convey  the  same  as  aforesaid,  yet  the 
defendant  so  carelessly  ancT  negligently  conducted  himself 
in  that  behalf  that  the  said  wheat  was  wholly  lost  to  the 
plaintiff,  to  his  damage  of  six  hundred  dollars;  wherefore 
he  demands  judgment,  &c.  (as  in  the  usual  form.) 


[  No.  309.  J 

Complaint  against  an  agent  for  not  accounting. 

(Title  of  action.) 

This  plaintiff  in  his  complaint  says,  that  heretofore  and 
on  or  about  the  tenth  day  of  July,  1850,  he  shipped  from 
the  port  of  New  York,  consigned  to  this  defendant  B.  P. 
then  his  agent  at  Mobile,  to  sell  for  cash,  a  large  quantity  of 
goods,  wares  and  merchandize,  amounting  in  value  to  ten 
thousand  dollars,  of  which  consignment  said  B.  P.  had  notice 
and  was  advised,  and  which  agency  for  a  valuable  consider- 
ation said  B.  P.  undertook  and  entered  upon,  and  proceeded 
and  sold  all  of  said  goods,  wares  and  merchandize  on 
account  of  the  plaintiff,  and  yet  although  sufficient  time  has 
elapsed  therefor,  the  said  B.  P.  has  neglected  and  refused, 
and  still  neglects  and  refuses  to  render  a  just  and  true 
account  of  such  sale  and  of  the  produce  thereof  to  this  plain- 
tiff, and  has  also  neglected  and  refused  to  pay  over  to  this 
plaintiff  the  proceeds  arising  from  such  sale,  or  any  part 
thereof;  wherefore  he  demands  judgment,  &c.  (as  in  the 
usual  form.) 


X70  PRACTICAL  FORMS. 

[   No.  310.    J 

Complaint  against  agent  for  selling  on  credit. 

(Title  of  action.) 

These  plaintiffs  complaining,  state,  that  on  or  about  the 
sixteenth  day  of  July,  1850,  thirty  thousand  pieces  of  sawed 
lumber,  containing  three  hundre'd  thousand  feet,  belonging 
to  these  plaintiffs,  were  shipped  from  the  port  of  New  York, 
consigned  to  defendant,  P.  B.,  then  their  agent  at  San  Fran- 
cisco, California,  to  sell  for  cash,  of  which  consignment  said 
B.  had  notice,  and  which  agency  for  a  valuable  considera- 
tion, said  B.  undertook  and  entered  upon,  and  proceeded 
and  sold  said  lumber  to  S.  &  Co.  at  the  price  or  sum  of 
about  fifty  thousand  dollars,  in  or  before  the  month  of  De- 
cember, 1850,  and  made  delivery  thereof  to  them  ;  which 
said  sale  instead  of  being  for  cash,  as  was  said  B.'s  duty  to 
do,  was  without  any  authority,  instruction  or  permission  for 
so  doing,  sold  on  time,  as  above  stated,  and  without  retain- 
ing any  lien  thereon ;  which  said  sale  was  in  violation  of 
the  trust  and  duty  reposed  in  said  B.  ;  and  afterwards,  to 
wit,  on  or  about  the  third  day  of  July,  1851,  said  S.  &  Co. 
failed,  and  became,  and  were  wholly  unable  to  pay  for  said 
lumber,  having  paid  nothing  thereon  which  has  come  to  the 
use  or  possession  of  these  plaintiffs,  or  any  of  them. 

These  plaintiffs  further  state,  that  they  have  been  inform- 
ed and  believe,  that  some  portion  of  said  balance  has  come 
to  the  hands,  possession  or  use  of  said  B.,  but  how  much 
they  are  not  informed,  and  of  which  they  can  obtain  no  ac- 
count from  said  B.,  though  they  have  often  requested  him  so 
to  do,  and  have  repeatedly  demanded  of  him  any  money  he 
may  have  so  received,  but  this  request  he  has  neglected  or 
refused  to  comply  wath.  It  was  the  duty  of  said  agent  as 
aforesaid,  to  have  sold  for  cash  only,  and  to  have  remitted 
the  proceeds,  or  paid  over  the  same  on  demand. 

These  plaintiffs  further  say,  that  by  said  breaches  of  duty 
and  of  confidence  on  the  part  of  said  B.  as  agent,  as  afore- 
said, and  by  reason  of  the  premises  aforesaid,  they  the  said 
plaintiffs  sustain   damage  to   the  amount  of  fifty  thousand 


PRACTICAL   FORMS.  171 

dollars,  with  interest  thereon  from  January  1,  1851,  for 
which  the  said  B.  became  liable  to  them,  and  for  which  a 
right  of  action  accrued  to  them,  to  have  and  recover  the 
same  of  the  said  13.,  and  the  same  remains  due  to  these  plain- 
tiffs, and  is  wholly  unpaid,  and  no  set  off  against  the  same  ; 
whereby  and  by  reason  of  the  premises  these  plaintitfs  de- 
mand judgment,  &c.,  (as  in  the  usual  form.) 


[  No.  311.  ] 

Complaint  against  bailee  for  not  taking  care  of  goods. 

(Title  of  action.) 

This  plaintiff  in  his  complaint,  says,  that  on  the  first  day 
of  May,  1850,  he  delivered  to  the  defendant  a  large  quan- 
tity of  goods,  wares  and  merchandize,  of  the  value  of  five 
hundred  dollars,  to  be  by  the  defendant  safely  and  securely 
kept  for  the  plaintiff,  and  to  be  returned  and  re-delivered  to 
the  said  plaintiff  when  the  said  defendant  should  be  after- 
wards requested  ;  although  the  said  defendant  received  the 
said  goods,  wares  and  merchandise  from  the  plaintiff,  as 
aforesaid,  and  although  the  said  defendant  was  afterwards, 
to  wit,  on  the  first  day  of  December,  1850,  requested  by  the 
said  plaintiff  to  redeliver  the  said  goods,  wares  and  mer- 
chandize to  him  the  said  plaintiff:  Yet  the  said  defendant, 
not  regarding  his  promise  and  undertaking,  did  not,  nor 
would  take  due  and  proper  care  of  and  safely  and  securely 
keep  the  said  goods  and  chattels,  or  any  part  thereof,  for 
the  said  plaintiff,  nor  did  nor  would  at  the  same  time  w'hen 
he  was  so  requested  as  aforesaid,  or  at  any  time  afterwards, 
redeliver  the  same  to  the  said  plaintiff;  but  on  the  contrary 
thereof,  he  the  said  defendant  so  negligently  and  carelessly 
conducted  himself,  with  respect  to  the  said  goods,  wares  and 
merchandize,  and  took  so  little  care  thereof,  that  by  and 
through  the  mere  carelessness,  negligence  and  improper  con- 
duct of  the  said  defendant,   and   his  servants  in  that  behalf, 


172  PRACTICAL  FORMS. 

that  the  said  goods,  wares  and  merchandize,  being  of  the 
value  aforesaid,  were  wholly  lost  to  the  said  plaintiff,  to  his 
damajie  of  five  hundred  dollars.  Wherefore  he  demands 
judgment,  &c.  (as  in  the  usual  form.) 


[  No.  312.  ] 

Complaint  for  breach  of  promise  to  marry. 

(Title  of  action.) 

This  plaintiff,  in  his  complaint,  shows  to  the  court,  that  on 
the  fifteenth  day  of  June,   1849,  in  consideration  that  the 
plaintiff,  who  was  then  sole  and  unmarried,  at  the  request  of 
the  defendant,  would  marry  him  on  request ;  the  defendant 
promised  to  marry  the  plaintiff  on  request :     And  the  said 
plaintiff,  confiding  in  the  said   promise   and  undertaking  of 
the  said  defendant,  has  always  from  thence  hitherto,  remain- 
ed and  continued  and  still  is   sole  and  unmarried,  and  has 
been  *  and  still  is,  ready  and  willing  to  marry  the  said  de- 
fendant.    And  although  the  said  plaintiff,  after  the   making 
of  the  said  promise  and  undertaking  of  the  said  defendant, 
to  wit,  on  the  first  day  of  December,  1849,  and  at  divers 
other  times,  requested  the  said  defendant  to  marry  her,  the 
said  plaintiff,  yet  the  said  defendant,  not  regarding  his  said 
promise  and  undertaking,  did  not,  nor  would  at  the  said  time 
or  times  when  he  was  so  requested  as  aforesaid,  or  at  any 
time  before  or  afterwards,  marry  her   the   said  plaintiff,  but 
has  hitherto  wholly  neglected  and  refused  to  do,  and  still 
neglects  and  refuses  so  to  do,  to  the  damage  of  the  plaintiff 
of  five  thousand  dollars.      Whereupon  she  demands  judg- 
ment, &,c.,  (as  in  the  usual  form. 


[  No.  313.  ] 

Another  form. 

(As  in  the  last  to  the  *,  then)  ready  and  willing  to  marry 
the  said  defendant.     Yet  the  said  defendant  not  regarding 


PRACTICAL   FORMS.  ]73 

his  said  promise  and  undertaking,  and  after  the  making  of 
the  same,  to  wit:  on  the  sixth  day  of  June,  1850,  wrong- 
fully and  injuriously  married  a  certain  otiier  person,  to  wit : 
one  C.  P.,  contrary  to  his  said  last  promise  and  undertaking, 
so  by  him  made  as  aforesaid,  to  the  damage  of  the  plaintiff 
of  five  thousand  dollars.  Wherefore  she  demands  judgment, 
&c.,  (as  in  the  usual  form.) 


[  No.  314.  J 

Complaint  against  a  mechanic  for  doing  his  work  badly. 

(Title  of  action.) 

This  plaintiff  complains  of  the  defendant  and  says,  that 
on  or  about  the  first  day  of  March,  1850,  by  a  certain  agree- 
ment then  made  by  and  between  the  said  plaintiff  and  the 
said  defendant,  it  was  agreed  that  the  said  defendant  should 
take  down  a  certain  dwelling  house  in  the  city  of  Utica,  and 
should  build  another  dwelling  house  for  the  said  plaintiff 
agreeably  to  certain  plans  thereof,  then  in  the  possession  of 
the  said  defendant ;  and  that  the  said  contract  or  agreement 
was  in  the  words  and  figures  following :  (set  out  copy  con- 
tract.) And  although  the  said  defendant  did,  afterward  and 
before  the  commencement  of  this  action,  erect  and  build  the 
said  dwelling  house,  with  the  appurtenances,  for  the  said 
plaintiff,  yet  the  said  defendant  not  regarding  his  said 
agreement,  although  the  said  plaintiff  has  performed  his 
part  of  said  contract,  but  contriving  and  intending  to  defraud 
and  deceive  the  said  plaintiff  in  this  behalf,  did  not,  nor 
would  erect  or  build  the  said  house  agreeably  to  the  said 
plans,  agreement  and  particulars,  with  good  and  proper  ma- 
terials, and  in  a  sound,  substantial  and  workmanlike  manner 
but  wholly  neglected  and  refused  so  to  do;  and  on  the 
contrary  thereof  he,  the  said  defendant,  erected  and  built 
the  said  last  mentioned  house  with  the  appurtenances  dif- 
ferent from  and  contrary  to  the  said  plans  and  agreement 
and  particulars,  and  with  bad  and  improper  materials,  and 


174  PRACTICAL  FORMS. 

in  a  slight,  weak,  inartificial  and  unworkmanlike  manner, 
contrary  to  the  form  and  effect  of  the  said  plans,  agreement 
and  undertaking,  to  the  damage  of  the  plaintiff  of  two  thous- 
and dollars.  Whereupon  he  demands  judgment,  &c.,  (as  in 
the  usual  form.) 


[  No.  315.  ] 

Complaint  against  inn  keeper  for  loss  of  a  trunk. 
(Title  of  action.) 

The  plaintiff  in  his  complaint  says,  that  the  defendant  on 
the  third  of  March,  1851,  and  from  that  time  hitherto  had 
kept  a  certain  inn  or  hotel,  known  as  the  Dunlop  House,  in 
the  city  of  Schenectady,  and  this  plaintiff  on  the  third  day 
of  March  aforesaid,  put  up  and  was  received  at  the  said 
hotel  as  a  traveller  by  this  defendant,  and  then  and  there 
brought  into  the  said  hotel  and  delivered  to  the  defendant  a 
trunk,  belonging  to  the  plaintiff,  containing  wearing  apparel 
and  other  articles  of  the  said  plaintiff,  of  the  value  of  one 
hundred  dollars  ;  which  said  trunk  with  the  contents  thereof 
remained  in  the  said  hotel  until  the  loss  thereof;  this  plain- 
tiff, during  all  the  time,  remaining  as  a  traveller  in  said 
hotel.  And  the  plaintiff  further  says,  that  by  the  careless- 
ness, negligence  and  bad  behavior  of  the  said  defendant  or 
his  servants,  the  said  trunk  with  its  contents  was  afterwards, 
and  sometime  in  the  month  of  March  aforesaid,  wrongfully 
taken  and  carried  away  by  some  j)erson  or  persons  wholly 
unknown  to  the  plaintiff,  and  thereby  was  wholl}'"  lost  to  the 
plaintiff,  to  his  damage  of  one  hundred  dollars.  Wherefore 
he  demands  judgment,  &c.,  (as  in  the  usual  form.) 


[  No.  316.  J 

Complaint  for  keeping  a  dog  used  to  bite  mankind. 

(Title  of  action.) 

This  plaintiff  in  his  complaint  says,  that  the  said  defend- 
ant on  the  fifth  day  of  July,  1851,  at  Troy,  wrongfully  kept 


PUAOTIt'AL   FORMS.  |75 

a  dog  which  lie  the  saitl  defendant  well  knew  was  accus- 
tomed *  to  attack  and  hite  mankind,  and  which  dog  at  the 
time  and  place  aforesaid  attacked  and  bit  the  plaintilF,  and 
did  then  and  there  greatly  lacerate,  hurt  and  wound  one  of 
the  legs  of  the  said  plaintiff,  whereby  the  said  plaintiff 
became  sick,  sore  and  lame,  and  so  remained  and  continued 
for  a  long  space  of  time,  to  wit,  for  six  weeks  then  next  fol- 
lowing ;  during  which  time  he  the.  said  plaintiff  thereby 
suffered  and  underwent  great  pain,  and  was  thereby  pre- 
vented from  performing  and  transacting  his  regular  busi- 
ness ;  and  also  by  means  of  the  premises  the  said  j)laintiff 
was  put  to  great  expense,  cost  and  charges,  in  the  whole 
amounting  to  the  sum  of  two  hundred  dollars  in  and  about 
endeavoring  to  be  cured  of  the  said  wounds,  sickness  and 
lameness  and  disorder  so  occasioned,  and  hath  been  and  is 
by  means  of  the  premises  otherwise  greatly  injured  and 
damnified,  and  that  the  amount  of  such  loss  and  injury  is  the 
sum  of  three  hundred  dollars.  Wherefore  he  demands  judg- 
ment, &c.  (as  in  the  usual  form.) 


[  No.  317.  ] 

Complaint  for  keeping  a  dog  accustomed  to  bite  sheep  and  ot/ier 

animals. 

(As  in  the  last  form  to  the  *,  then)  to  hunt,  chase,  bite, 
worry  and  kill  sheep  and  lambs,  which  said  dog  on  the  day 
and  year  aforesaid,  and  on  divers  other  days  and  times  be- 
tween that  day  and  the  commencement  of  this  action,  did 
hunt,  chase,  bite  and  worry  one  hundred  sheep  and  lambs  of 
the  plaintiff,  being  of  the  value  of  two  hundred  dollars,  by 
means  whereof  divers,  to  wit  :  fifty  of  the  said  sheep  and 
lambs  of  the  said  plaintiff,  being  of  the  value  of  one  hundred 
dollars,  then  and  there  died,  and  became  of  no  value  to  the 
said  plaintiff,  and  the  residue  of  the  said  sheep  and  lambs  of 
the  said  plaintiff,  being  also  of  great  value,  were  then  and 
there  greatly  terrified,  damaged  and  injured,  and  rendered  of 


17(3  PRACTICAL  FORMS. 

no  use  or  value  to  the  said  plaintiff,  to  the  damage  of  the 
defendant  of  two  hundred  dollars.  Whereupon  he  demands 
judgment  against,  &c.,  (as  in  the  usual  form.) 


[  No.  318.  J 

Complaint  for  libeL 

(Title  of  action.) 

This  plaintiff  in  his  complaint  says,  that  this  defendant, 
on  the  third  day  of  July,  1850,  contriving,  and  wickedly  and 
maliciously  intending  to  injure  this  plaintiff  in  his  good 
name,  fame,  and  credit,  and  to  bring  him  into  public  scandal, 
infamy  and  disgrace,  with  and  amongst  all  his  neighbors 
and  other  good  and  worthy  citizens,  and  to  cause  it  to  be 
suspected  and  believed  by  those  neighbors  and  citizens,  that 
the  said  plaintiff  had  been  and  was  guilty  of  the  offences 
and  misconduct  hereinafter  mentioned  to  have  been  made 
and  charged  upon  him  by  the  said  defendant ;  and  to  vex, 
harrass  and  oppress  him,  the  said  defendant  did,  on  the  third 
day  of  July  aforesaid,  at  Utica,  *  falsely,  wickedly,  and 
maliciously  compose  and  publish,  and  cause  and  procure  to 
be  published  in  a  newspaper  called  the  Palladium,  of  and 
concerning  him,  the  said  plaintiff,  a  false,  scandalous,  mali- 
cious and  defamatory  libel,  containing  amongst  other  things, 
the  false,  scandalous,  malicious,  defamatory  and  libellous 
matter  follow^ing,  of  and  concerning  the  said  plaintiff;  that 
is  to  say,  (here  set  forth  the  libellous  matter,  with  the  inuen- 
does,  &c.)  By  means  of  committing  of  which  said  several 
grievances,  by  the  said  defendant,  the  plaintiff  hath  been 
and  still  is  greatly  injured  in  his  good  name,  fame  and  cre- 
dit, and  brought  into  public  scandal,  infamy  and  disgrace, 
with  and  amongst  all  his  neighbors,  and  other  good  and 
worthy  citizens,  (set  forth  special  damage,)  to  the  damage 
of  this  plaintiff  of  five  hundred  dollars.  Wherefore  he  de- 
mands judgment,  &c.,  (as  in  the  usual  form.) 


PRACTICAL  FORMS.  J 77 

[   No.  319.    ] 

Complaint  for  slander. 

(As  in  the  last  form  to  the  *  then)  in  a  certain  discourse 
which  the  defendant  then  and  there  had  in  the  presence  and 
hearing  of  divers  good  and  worthy  citizens,  falsely  and 
maliciously  spoke  and  declared  of  and  concerning  the  said 
plaintiff,  and  of  and  concerning  the  said  plaintiff  in  the  way 
of  his  said  profession  and  business,  these  false,  scandalous, 
malicious  and  defamatory  words  following,  that  is  to  say  : 
(here  state  the  words  in  as  many  different  forms  as  possible 
in  order  to  meet  every  probable  circumstance  of  the  case.) 
By  means  of  the  committing  of  which  said  several  griev- 
ances by  the  said  defendant  as  aforesaid,  the  said  plaintiff 
has  been  and  still  is  greatly  injured  in  his  good  name  and 
credit,  and  also  greatly  injured  in  his  profession  and  busi- 
ness, and  brought  into  public  scandal,  infamy  and  disgrace 
with  and  amongst  all  his  neighbors  and  other  good  and 
worthy  citizens,  (set  forth  special  damage,  if  any,)  to  the 
damage  of  this  plaintiff  of  one  thousand  dollars.  Wherefore 
he  demands,  &c.,  (as  in  the  usual  form.) 


[  No.  320.  ] 

Complaint  for  crim.  con.  with  plaintiff^s  wife. 
(Title  of  action.) 

This  plaintiff  complains  of  the  defendant  and  says,  that 
the  said  defendant  contriving  and  wrongfully  and  wickedly 
and  unjustly  intending  to  injure  the  said  plaintiff,  and  to 
deprive  him  of  the  comfort,  fellowship  and  assistance  of  the 
wife  of  him  the  said  plaintiff,  and  to  alienate  and  destroy 
her  affection  for  him  the  said  plaintiff,  heretofore  and  on  the 
16th  day  of  June,  1851,  and  on  divers  other  days  and  times 
since  said  sixteenth  day  of  June,  wrongfully,  wickedly  and 
unjustly  debauched  and  carnally  knew  the  said  Bridget, 
being  the  wife  of  the  said  plaintiff,  and  thereby  the  affection 
12 


17S  PRACTICAL  FORMS. 

of  the  said  Bridget  for  him  the  said  plaintiff  was  then  and 
there  alienated  and  destroyed,  and  also  by  reason  of  the 
premises,  the  said  plaintiff  hath  hence  hitherto  wholly  lost 
and  been  deprived  of  the  comfort,  fellowship,  society,  aid 
and  assistance  of  the  said  Bridget,  his  said  wife,  in  his 
domestic  affairs,  which  the  said  plaintiff  ought  to  have  had 
and  otherwise  would  have  had,  to  the  great  damage  of  this 
plaintiff  of  five  thousand  dollars.  Wherefore  he  demands, 
&c.  (as  in  the  usual  form.) 


[  No.  321.  ] 

Complaint  for  debauching  daughter  or  servant  of  the  plaintiff . 

(Title  of  action.) 

This  plaintiff  in  his  complaint  says,  that  the  said  defend- 
ant contriving  and  wrongfully  and  unjustly  intending  to 
injure  the  said  plaintiff,  and  to  deprive  him  of  the  assistance 
and  service  of  Bridget  the  daughter  and  servant  of  the  said 
plaintiff,  on  the  tenth  day  of  April,  1850,  and  at  divers  other 
days  and  times  since  said  tenth  day  of  April,  at  Troy, 
debauched  and  carnally  knew  the  said  Bridget,  whereby  the 
said  Bridget  became  pregnant  and  sick  with  child,  and  so 
remained  and  continued  for  a  long  space  of  time,  to  w^it,  for 
the  space  of  nine  months  then  next  following,  at  the  expira- 
tion whereof  the  said  Bridget  was  delivered  of  the  child 
with  which  she  was  so  pregnant  as  aforesaid,  by  means  of 
which  said  several  premises,  she  the  said  Bridget  for  a  long 
space  of  time,  to  wit,  for  the  space  of  two  years,  became 
and  was  unable  to  do  or  perform  the  necessary  affairs  and 
business  of  the  said  plaintiff,  so  being  her  father  and  master 
as  aforesaid,  and  thereby  the  said  plaintiff  lost  and  was 
deprived  of  the  service  of  his  daughter  and  servant,  and  also 
by  means  of  the  said  several  premises,  the  said  plaintiff  was 
forced  and  obliged  to  and  necessarily  did  pay,  lay  out  and 
expend  divers  sums  of  money,  amounting  to  three  hundred 
dollars  in  and  about  the  care  and  nursing  of  the  said  Bridget 
his  said  daughter  and  servant,  and  in  and  about  the  delivery 


PRACTICAL   FORMS  I79 

of  the  sail?   child,  to  the  damage  of  this   plaintiff  of  seven 
hundred  dollars.     Wherefore  he  demands,  &c. 


[  No.  322.  J 

Complaint  for  infringement  of  trade  mark. 

(Title  of  action.) 

This  plaintiff  in  this,  his  complaint,  respectfully  shows  to 
this  court,  that  he  is  the  owner  and  publisher  of  a'certain 
calendar  or  almanac,  known  and  distinguished  as  "  Webster's 
Calendar,  or  the  Albany  Almanac,^'  and  that  as  such  owner 
and  proprietor  he  has  published  the  same  for  a  number  of 
years  last  past,  to  wit:  eight  years;  that  he  acquired  the 
title  to  the  same  and  the  property  therein  in  the  year  1844, 
by  purchase  from  the  then  proprietor  of  the  said  Almanac. 
That  the  said  Almanac  has  been  annually  published  and 
known  by  the  said  title  of  "  W^ebster's  Calendar  or  the 
Albany  Almanac,"  since  the  year  1784,  as  this  complainant 
has  been  informed  and  believes ;  that  such  publication  has 
been  made  by  this  plaintiff,  and  those  through  whom  he  has 
received  title  to  the  same,  as  the  owners  and  proprietors 
thereof  since  the  original  establishment  of  the  same  in  1784 
aforesaid.  That  the  enjoyment  of  said  interest  and  pro- 
perty, so  purchased  as  aforesaid  by  this  plaintiff,  is,  has 
been,  and  if  unmolested  and  not  interferred  with  by  said 
defendant  and  those  combining  with  him  would  be  the 
source  of  compensation  and  profit  in  the  publication  thereof. 

And  this  plaintiff  further  shows,  that,  notwithstanding 
the  long  and  quiet  enjoyment  of  the  said  plaintiff  in  the  pub- 
lication of  the  said  calendar  or  almanac  with  his  well 
known  trade  mark  or  title,  one  E.  II.,  the  above  named 
defendant,  not  regarding  the  rights,  interest  and  property  of 
the  plaintiff  herein,  has  knowingly,  wilfully  and  fraudulently 
interfered  with  the  plaintiff's  rights  herein,  and  printed, 
published,  sold  and  exposed  for  sale,  and  advertised  to  sell 
a  calendar  or  almanac,  bearing  the  identical  trade  mark  or 
title  long  used  and  still  the  property  of  this  plaintiff.     And 


180  PRACTICAL  FORMS. 

by  continued  wrong  doings  in  selling  and  advertising  to  sell 
said  calendar  or  almanac,  greatly  injuring  the  trade  and 
business  of  this  plaintiff  in  the  premises.  And  also  by  sell- 
ing the  said  calendar  or  almanac,  bearing  the  title  or  trade 
mark  of  this  plaintiff,  which  said  calendars  or  almanacs 
were  of  an  inferior  quality  both  as  to  paper  and  printing, 
the  said  defendant  injured  the  business  reputation  of  this 
plaintiff,  whereby  the  said  plaintiff  has  sustained  damage  in 
the  premises  amounting  to  five  hundred  dollars. 

And  this  complainant  further  shows,  that  he  has  repeatedly 
called  upon  the  said  defendant  and  requested  him  to  desist 
from  his  wrong  doings  and  injury  to  the  plaintiff  herein,  and 
to  pay  this  plaintiff  what,  upon  a  just  and  equitable  account- 
ing, would  be  due  him.  And  this  complainant  hoped  the 
said  E.  H.  would  have  complied  with  this  plaintiff's  reason- 
able request;  but  now  so  it  is,  that  the  said  defendant  com- 
bining and  confederating  together,  to  and  with  divers  other 
persons  as  yet  to  this  plaintiff  unknown,  but  whose  names, 
when  discovered,  this  plaintiff  prays  may  be  inserted  herein 
as  defendants,  and  they  made  parties  hereto,  wath  proper 
and  apt  words  to  charge  them  how  to  injure  and  oppress 
this  plaintiff.  The  said  confederates  do  now  absolutely 
refuse  to  pay  or  to  secure  the  payment  for  the  damages  done 
the  said  plaintiff,  and  do  also  refuse  to  cease  selling  or 
offering  for  sale  or  advertising  to  sell  the  said  calendars 
or  almanacs  with  the  pirated  title  or  trade  mark  of  this 
plaintiff. 

Whereupon  the  plaintiff  demands  judgment  against  the 
said  defendant  for  five  hundred  dollars  and  interest  thereon 
from  the  30th  day  of  January,  1852,  together  with  the  costs 
of  this  action  ;  and  further,  this  plaintiff  prays  the  aid  of  this 
court,  that  the  said  E.  H.,  his  counsellors,  agents  and  attor- 
neys may  be  restrained  by  an  injunction,  issuing  out  of  this 
court,  from  printing,  publishing,  selling  or  exposing  for  sale, 
or  advertising  to  sell  said  calender  or  almanac,  or  any  cal- 
endars or  almanacs  bearing  the  title  or  trade  marks  of  this 
plaintiff. 

J.  G.  Plaintiff's  Att'y,  Buffalo. 


PRACTICAL  FORMS.  Jg]^ 


# 


[  No.  323.  J 

Complaint  on  a  covenant  of  quiet  enjoyment  in  a  deed. 
(Title  of  action.) 

This  plaintiff  in  his  complaint,  shows  to  the  court,  that 
heretofore,  and  on  or  about  the  twenty-first  day  of  May, 
1845,  the  said  defendant,  and  Mary  his  wife,  made  their 
warrantee  deed  or  indenture,  in  the  words  and  figures  fol- 
lowing, (here  set  out  deed,)  which  said  deed  or  indenture, 
for  a  valuable  consideration,  to  wit  :  the  sum  of  one  tliou- 
sand  dollars,  the  said  defendant  then  and  there  delivered  to 
this  plaintiff. 

And  this  plaintiff  further  says,  that  he  the  said  plaintiff 
has  not  been  permitted,  nor  has  he  been  able  from  time  to 
time,  and  at  all  times  peaceably  and  quietly  to  have,  hold, 
use,  occupy,  possess  and  enjoy  the  said  premises  in  the  said 
indenture  mentioned,  and  thereby  intended  to  be  conveyed, 
nor  has  he  been  able  to  have,  receive  and  take  the  rents, 
issues  and  profits  thereof;  but  on  the  contrary,  one  E.  M., 
who  at  the  time  of  making  the  said  indenture  herein  before 
set  forth,  and  continually  from  thence,  until  and  at  the  time 
of  the  eviction,  ejection  and  expulsion  hereinafter  mention- 
ed, had,  and  still  has  lawful  right  and  title  to  the  said  pre- 
mises with  the  appurtenances,  did  enter  into  the  same,  in 
and  upon  the  possession  of  the  said  tenements,  and  ejected, 
expelled  and  removed  the  said  plaintiff,  against  the  will  of 
the  said  plaintiff,  by  due  process  of  law,  from  the  possession 
and  occupation  of  all  and  every  part  of  the  premises,  (or  if 
only  a  part  set  out,  what  part,)  with  the  appurtenances,  and 
kept  and  held  out,  and  still  keeps  and  holds  out  him  the 
said  plaintiff,  so  thereof  expelled  from  his  possession  and 
occupation  thereof,  contrary  to  the  form  and  effect  of  the 
said  indenture,  and  of  the  said  covenant  of  the  said  defend- 
ant, so  by  him  made  in  that  behalf  as  aforesaid,  by  reason  of 
all  which  said  premises,  th  said  plaintiff  has  not  only 
entirely  lost,  and  been  deprived  of  the  said  land  and  tene- 
ment in  the  said  indenture  particularly  mentioned,  and  of 
divers  large  sums  of  money  by  him  the  said  plaintiff  laid  out 


182  PRACTICAL    FORMS. 

and  expended  in  and  upon  the  said  premises,  in  repairing, 
amending  and  improving  the  same,  but  has  also  been  obliged 
to  pay  the  costs  and  charges  sustained  by  the  said  E.  M., 
in  prosecuting  a  certain  action  in  the  nature  of  ejectment  for 
the  recovery  thereof,  all  of  which  amount  to  a  large  sura, 
to  -vvit :  two  thousand  dollars.     Wherefore  he  demands,  &c. 


[  No.  324.  J 

Complaint  for  the  delivery  of  personal  property. 

(Title  of  action.) 

The  above  named  plaintiff  complains  of  the  defendant,  and 
says,  that  the  said  defendant  sometime  in  the  month  of  Sep- 
tember or  October,  1S50,  wrongfully  and  unjustly  took  from 
the  custody  and   possession  of  this  plaintiff,   five   hundred 
barrels  of  flour,  said  flour  being  the  property  of  this  plaintiff, 
and  he  entitled  to  the  sole  possession  thereof;  and  the  said 
defendant  wrongfully  and  unjustly  retains  the  same  in  his 
possession,  although  the  said  plaintiff  has  demanded  posses- 
sion thereof,  yet   the  said  defendant  has   refused,  and  still 
refuses  to  deliver  the  same  or  any  part  thereof.     The  plain-        -y 
tiff  thereupon  demands  judgment  against  the  defendant  for      ■  / 
the  sum  of  twenty-five  hundred  dollars,  and  interest  thereon       '  , 
from  the  thirtieth  day  of  October,  one  thousand  eight  hun-        y 
dred  and  fifty-one,  together  with  costs  of  this  action  ;  or  for  * 

such  other  or  further   relief,  legal   or   equitable,   as  to   the      *     ^ 
court  may  seem  meet  in  the  premises. 

B.  P.,  Plaintiff's  //.y,  Albany.         .  * 


[  No.  325.  J 
Complaint  for  assault  and  battery. 
(Title  of  action.) 

This  plaintiff  in  his  complaint  says,  that  this  defendant  at 
Schenectady,  on  the  fifteenth  day  of  July,  1851,  with  force 
and  arms  assaulted  this  plaintiff,  and  then  and  there,  with 
force  an  1  violence  seized  and  laid  hold  of  the  said  plaintiff 


PIIACTICAL  FORMS.  {g'^ 

by  his  nose,  and  greatly  squeezed  and  pulled  the  same,  and 
then  and  there, /with  a  certain  stick?  and  with  his  fists,  gave 
and  struck  the  plaintiff  a  great  many  violent  blows  and 
strokes,  on  and  about  divers  parts  of  his  body  ;  and  also 
then  and  there,  with  <j;n-d\.  force  and  violence,  shook  and 
pulled  about  the  said  plaintiff,  and  cast  and  threw  the  said 
plaintiff  down  to  and  upon  the  ground,  and  then  and  there 
violently  kicked  the  said  plaintiff,  and  gave  and  struck  him 
a  great  many  other  blows  and  strokes;  and  also  then  and 
there,  with  great  force  and  violence,  rent,  tore  and  damaged 
the  clothes  and  wearing  apparel  of  the  said  plaintiff,  to  wit, 
one  coat,  waistcoat  and  pantaloons,  of  great  value,  to  wit, 
of  the  value  of  twenty  dollars ;  which  clothes  the  said 
plaintiff  then  and  there  wore  and  was  clothed  with.  By 
means  of  which  said  several  premises,  the  said  plaintiff  was 
then  and  there  greatly  hurt,  bruised  and  wounded,  and  be- 
came and  was  sick,  sore  and  lame,  and  so  remained  and  con- 
tinued for  the  space  of  six  weeks  then  next  following,  du- 
ring all  which  time  the  plaintiff  thereby  suffered  and  under- 
went great  pain,  and  was  hindered  and  prevented  from  per- 
forming and  transacting  his  necessary  affairs  and  business 
by  him  during  that  time  to  be  performed  and  transacted,  and 
also  thereby  the  said  plaintiff  was  forced  and  obliged  to, 
and  necessarily  did  pay,  lay  out  and  expend  a  large  sum  of 
money,  in  and  about  endeavoring  to  be  cured  of  the  bruises, 
wounds,  sickness,  soreness,  lameness  and  disorder  aforesaid, 
occasioned  as  aforesaid.     Wherefore  he  demands,  &c. 


[  No.  326.  ] 

Complaint  for  false  imprisoninent. 

(Title  of  action.) 

This  plaintiff,  in  his  complaint  says,  that  the  defendant, 
in  the  city  of  Utica,  on  the  tenth  day  of  April,  1851,  with 
force  and  arms,  assaulted  the  plaintiff,  and  then  and  there 
seized  and  laid   hold  of  the   said    plaintiff,  and   with   great 


184  PRACTICAL  FORMS. 

force  and  violence,  pulled  and  dragged  about  the  said  plain- 
tiff; and  also  then  and  there  forced  and  compelled  the  said 
plaintiff  to  go  from  and  out  of  a  certain  dwelling  house  situ- 
ate and  being  in  the  city  of  Utica,  into  the  public  street,  and 
then  and  there  forced  and  compelled  him  to  go  in  and  along 
divers  public  streets,  to  a  certain  police  office,  situate  and  be- 
ing in  the  said  city,  and  then  and  there  imprisoned  the  said 
plaintiff,  and  kept  and  detained  him  in  prison  there,  without 
any  reasonable  or  probable  cause  whatsoever,  for  the  space 
of  six  weeks  then  next  following,  contrary  to  the  laws  and 
customs  of  this  State,  and  against  the  will  of  said  plaintiff, 
whereby  the  said  plaintiff  was  not  only  greatly  hurt,  bruised 
and  wounded,  but  w'as  also,  thereby  then  and  there  greatly 
exposed  and  injured  in  his  credit  and  circumstances,  and  was 
then  and  there  hindered  and  prevented  from  performing  and 
transacting  his  necessary  affairs  and  business,  by  him  du- 
ring that  time  to  be  performed  and  transacted,  by  means 
whereof  the  said  plaintiff  says  that  he  is  injured,  and  has 
sustained  damage  to  the  amount  of  five  hundred  dollars  ;  and 
he  demands,  &c. 


[  No.  327.  J 

Complaint  for  trespass  to  real  property. 

(Title  of  action.) 

This  plaintiff  in  his  complaint  says,  that  the  defendant  on 
the  25th  day  of  July,  1850,  with  force  and  arms  broke  and 
entered  into  divers  closes  of  the  said  plaintiff,  situate  in  the 
town  of  Nassau,  county  of  Rensselaer,  and  there  mowed  and 
cut  down  the  grass  and  grain  of  the  said  plaintiff,  and  then 
and  there  seized,  took  and  carried  away  the  hay  and  grain 
of  the  said  plaintiff,  to  wit,  five  cart  loads  of  hay  and  three 
cart  loads  of  wheat,  being  the  property  of  the  said  plaintiff, 
and  took  and  converted  the  same  to  his  own  use,  to  the 
great  damage  of  the  plaintiff;  and  afterwards  and  on  the 
third  day  of  August,  in  the  year  aforesaid,  the  said  defend- 


PRACTICAL  FORMS. 


185 


ant  broke  into  and  entered  certain  other  closes  or  lots  of 
this  plaintifT,  being  in  the  town  aforesaid,  and  then  and 
there  cut  down,  prostrated  and  destroyed  the  trees  and 
underwood  of  the  said  j)laintiff,  and  cut,  carried  away  and 
converted  to  his  own  use  a  large  quantity  of  timber,  being 
the  property  of  the  plaintiff;  by  means  of  which  wrong  and 
unjust  doings  of  the  said  defendant  this  plaintiff  has  been 
injured  and  sustained  loss  and  damage  to  the  amount  of 
three  hundred  dollars.     Wherefore  he  demands,  &c. 


[  No.  328.  ] 
CoTnplaint  for  trespass  in  talcing  goods. 

(Title  of  action.) 

This  plaintiff  complains  of  the  defendant,  that  he  the  said 
defendant,  on  the  tenth  day  of  September,  1851,  at  Stephen- 
town,  in  the  county  of  Rensselaer,  wrongfully  broke  into 
the  plaintiff's  barn  and  took  from  his  possession  one  large 
wagon,  two  sets  of  harness,  two  bay  horses,  one  buffalo 
robe  and  one  whip,  being  the  property  of  this  plaintiff,  and 
then  and  there  took  and  carried  away  the  same  and  con- 
\,  verted  them  to  his  own  use,  to  the  damage  of  this  plaintiff 
'  of  four  hundred  dollars.     Wherefore  he  demands,  &.c. 


[  No.  329.  ] 

Complaint  on  undertaking  on  injunction. 

(Title  of  action.) 

This  plaintiff  in  his  complaint  shows  to  the  court,  that  on 
the  fifteenth  day  of  July,  1850,  an  injunction  issued  out  of 
this  court  in  an  action  commenced  by  C.  D.  against  this 
plaintiff,  to  restrain,  hinder  and  forbid  this  plaintiff  from  the 
foreclosure  of  a  mortgage,  which  said  mortgage  this  plain- 
tiff had  commenced  to  foreclose  by  advertisement  under  the 
statute,  and  that  upon  the  issuing  of  the  said  injunction  in 
the  said  action,  an  undertaking  was  given  by  the  said  C.  D., 


185  PRACTICAL  FORMS. 

in  Avhich  said  undertaking  the  said  defendants  L.  B.  and 
F.  H.J  in  their  proper  persons  became  pledges  and  security 
in  the  words  and  figures  following  :  (set  out  the  undertak- 
ing.) And  this  plaintiff  further  shows  that  the  said  action 
so  commenced  against  this  plaintiff  was  prosecuted  and 
carried  on  and  finally  decided  by  the  court,  that  the  said 
C  D.  was  not  entitled  to  the  said  injunction,  and  that  the 
damages  sustained  by  this  plaintiff  by  reason  of  the  said 
injunction,  amounted  to  the  sum  of  three  hundred  dollars 
and  interest  thereon  from  December  10,  1851,  which  the 
court  then  and  there  awarded  to  this  plaintiff.  And  this 
plaintiff  further  says,  that  the  said  C.  D.  has  not  paid  the 
said  sum  of  three  hundred  dollars,  or  any  part  thereof,  and 
that  the  said  judgment  by  this  plaintiff  so  recovered  as 
aforesaid,  is  still  in  full  force,  strength  and  effect,  wholly 
unsatisfied,  whereby  an  action  has  accrued  to  this  plaintiff 
to  have  and  receive  the  said  sum  of  money  of  these  defend- 
ants, according  to  the  tenor  and  effect  of  the  said  under- 
taking.    Wherefore  he  demands  judgment,  &c. 


[  No.  330.  j 

Complaint  against  sheriff  for  false  return. 

(Title  of  action.) 

The  above  named  plaintiff  complains  of  the  defendant, 
and  says  that  on  or  about  the  fourth  day  of  September, 
1850,  he  obtained  a  judgment  against  one  W.  M.,  of  the 
city  and  county  of  New  York,  amounting  to  four  hundred 
dollars,  as  appears  by  the  record  of  said  judgment  filed  in 
the  office  of  the  clerk  of  the  city  and  county  of  Albany,  and 
a  transcript  thereof  duly  filed  and  judgment  docketed  in  the 
office  of  the  clerk  of  the  city  and  county  of  New  York,  and 
that  an  execution  thereon  was  issued  to  and  received  by 
this  defendant,  sheriff  as  aforesaid,  on  the  sixth  day  of 
September  aforesaid,  commanding  the  said  sheriff  to  levy 
the  said  sum  of  four  hundred  dollars  and  interest  thereon 
from  September  4,  1850,  and*  the  said  defendant,  by  virtue 


PRACTICAL  FORMS.  Ig7 

of  the  said  execution,  took  in  execution  goods  and  chattels 
of  the  said  W.  M.,  in  value  more  than  sufficient  to  satisfy 
said  execution  and  his  fees  and  charges  thereon,  and  yet  the 
said  defendant  afterward  and  on  or  about  the  fifth  day  of 
November,  1850,  returned  the  said  writ,  and  for  return 
thereto  the  said  defendant,  W.  M.,  had  no  goods  and  chat- 
tels in  his,  the  defendant's  bailiwick,  out  of  which  he  could 
caused  to  be  levied  the  amount  of  the  said  judgment,  and 
that  by  reason  of  the  premises  the  plaintiff  has  sustained 
damage  to  the  amount  of  four  hundred  dollars  and  interest 
thereon  from  the  fourth  day  of  September,  1850.  Where- 
fore he  demands,  &c. 


[  No.  331.  ] 

Complaint  against  sheriff  for  not  making  return. 

(As  in  the  last  form  to  the  *  then)  and  now  at  this  time 
the  said  defendant,  although  sufficient  time  has  elapsed 
therefor,  has  not  returned  the  said  execution  as  commanded 
and  directed,  and  that  by  reason  of  such  neglect  this  plain- 
tiff has  sustained  damage  to  the  amount  of  four  hundred 
dollars  and  interest  thereon  from  September  4,  1850,  for 
which,  together  with  costs  of  this  action,  this  plaintiff  de- 
mands jTidgment. 

B.  P.,  Plaintiff's  Att'y, 

Albany. 


[  No.  332.  J 

Complaint  against  sherff  for  an  escape. 

(As  in  last  form  but  one  to  the  *  then)  which  said  execu- 
tion was  returned  wholly  unsatisfied,  and  afterwards  and 
on  or  about  the  tenth  day  of  November,  1850,  another  exe- 
cution was  issued  and  received  by  this  defendant  on  the 
said  tenth  day   of  November,  commanding  him,  the    said 


Igg  PRACTICAL  FORMS. 

sheriff,  forthwith  to  arrest  the  said  W.  M.  and  commit  him 
to  the  jail  of  the  said  county  of  New  York  until  he  should 
pay  the  said  judgment,  by  virtue  of  which  said  writ  the  said 
defendant  so  being  sheriff  as  aforesaid,  took  and  arrested 
the  said  W.  M.  by  his  body,  and  then  and  there,  by  virtue 
of  the  said  writ,  had  and  detained  him  in  his  custody  in 
execution  for  the  said  sum  of  four  hundred  dollars,  besides 
sheriff  poundage  and  fees,  and  kept  and  detained  him  in 
custody  from  thence  till  the  said  defendant,  without  the 
leave  or  license,  and  against  the  will  of  this  plaintiff,  suf- 
fered and  permitted  the  said  W.  M.  to  escape  and  go  at 
large,  and  the  said  W.  M.  did  escape  and  go  at  large  where- 
soever he  w^ould,  out  of  the  custody  of  this  defendant,  being 
sheriff  as  aforesaid  ;  and  the  said  sum  of  four  hundred  dol- 
lars and  interest  thereon  being  then  and  still  wholly  unpaid 
and  unsatisfied,  whereby  an  action  has  accrued  to  this 
plaintiff  to  demand  and  have  of  and  from  this  defendant  the 
said  sum  of  four  hundred  dollars  and  interest  thereon  from 
September  4,  1850,  together  with  costs  of  this  action  ;  and 
he  prays  judgment  therefor. 

B.  P.,  Plaintiff's  Att'y. 


[  No.  333.  J 

* 

Complaint  for  breach  of  warranty  of  horse. 

(Title  of  action.) 

This  plaintiff  complains  of  the  defendant,  and  says  that 
on  the  tenth  day  of  April,  1851,  at  the  special  instance  and 
request  of  the  said  defendant,  he  bargained  with  the  said 
defendant  and  bought  of  the  said  defendant  a  certain  horse, 
at  and  for  the  sum  of  one  hundred  dollars,  and  the  said  de- 
fendant, by  then  and  there  representing  the  said  horse  to  be 
in  every  way  sound  and  gentle  and  quiet  in  harness,  then 
and  there  sold  the  said  horse  to  the  said  plaintiff  for  the 
said  sum  of  one  hundred  dollars,  which  this  plaintiff  then 
and  there  paid  to  the  said  defendant :  whereas,  in  truth  and 


PRACTICAL  FORMS.  1^9 

in  fact,  the  said  horse  was  at  the  time  of  the  said  warranty 
and  sale  thereof  unsound,  and  had  the  heaves  and  wa» 
unsteady,  restive  ;md  ungovernable  in  harness,  and  has  so 
remained  and  continued  from  thence  hitherto.  And  this 
plaintiff  further  says,  that  relying  upon  the  said  warranty 
of  the  said  defendant,  he  afterwards  attempted  to  use  the 
said  horse  in  harness,  and  the  said  horse  being  unsteady, 
restive  and  ungovernable  in  harness,  without  the  fault  of 
this  plaintiff  ran  away,  greatly  injuring  and  breaking  the 
said  plaintiff's  wagon,  and  also  greatly  injuring  and  bruis- 
ing tlie  said  plaintiff,  whereby  the  said  plaintiff  became 
sick,  sore  and  lame,  and  was  hindered  and  prevented  from 
doing  his  work,  which  it  was  necessary  for  him  to  do,  and 
has  been  put  to  great  expense  in  diverse  ways  on  account 
of  his  relying  upon  the  said  warranty  of  the  said  horse,  and 
has  sustained  damage  thereby  to  a  large  amount,  to  wit, 
three  hundred  dollars.  Wherefore  he  demands  judgment, 
&c. 


[  No.  334.  ] 

Complaint  for  work,  labor  and  materials. 

(Title  of  action.) 

This  plaintiff  in  his  complaint  says,  that  this  defendant  is 
indebted  to  this  plaintiff  for  the  work,  labor  and  services, 
care  and  diligence  of  this  plaintiff  and  his  servants,  for  the 
defendant  at  sundry  times,  and  also  for  materials  and  other 
necessary  things  supplied  by  this  plaintiff  to  the  defendant, 
at  his  request,  in  building  a  certain  dwelling  house  for  the 
said  defendant,  at  the  village  of  West  Troy,  in  tjie  county 
of  Albany  ;  that  the  amount  of  such  work,  labor  and  servi- 
ces, care  and  diligence  of  this  plaintiff,  and  his  servant,  and 
also  for  the  materials  and  other  necessary  things,  furnished 
at  the  request  of  the  defendant,  in  the  sum  of  five  hundred 
dollars. 


IC)()  PRACTICAL  FORMS. 

And  this  plaintiff  admits  that  he  has  received  from  the 
*said  defendant  the  sum  of  two  hundred  dollars,  in  part  pay- 
ment of  the  same;  but  the  balance,  to  wit,  of  three  hundred 
dollars,  and  interest  thereon  from  the  third  day  of  December, 
1851,  is  still  due  and  unpaid  to  this  plaintiff.  Wherefore, 
he  demands,  &c. 


[  No.  335.  ] 
Complaint  to  dissolve  marriage  because  of  non  age. 

(Title  of  action.) 

This  plaintiff,  son  of  A.  B.,  of  the  city  of  Troy,  an  infant 
under  the  age  of  twenty-one  years,  to  wit,  of  the  age  of  about 
fifteen  years,  by  C.  B.,  his  guardian  or  next  friend,  in  this 
his  complaint,  says  :  That  on  or  about  the  fifteenth  day  of 
December,  1850,  this  plaintiff  intermarried  with  one  E.  F., 
(now  E.  B.,)  at  the  city  of  Schenectady,  and  that  at  the  time 
of  the  said  marriage  this  plaintiff  and  defendant  were,  and 
now  are,  inhabitants  of  this  State. 

And  this  plaintiff  further  shows,  that  at  the  time  of  his 
said  marriage,  he  w^as  an  infant  under  the  age  of  legal  con- 
sent, to  wit,  of  the  age  of  about  thirteen  years,  and  was 
therefore  incapable  ot  contracting  marriage,  and  the  E.  F. 
was  of  the  age  of  about  eleven  years. 

And  this  plaintiff  further  shows,  that  for  a  short  time  after 
the  said  marriage,  he  cohabited  with  the  said  E.  F.,  but  they 
have  not  cohabited  as  husband  and  wife  for  any  time,  or  in 
any  manner,  since  this  plaintiff  obtained  the  age  of  consent, 
that  is  to  say,  the  age  of  fourteen,  which  was  on  the  twen- 
tieth day  of  February,  1852. 

And  tHfe  plaintiff  further  shows,  that  he  is  desirous  of 
having  the  said  marriage,  between  him  and  the  said  E.  F., 
dissolved  and  declared  null  and  void  by  a  decree  of  this 
court.  Wherefore  he  demands  that  the  said  marriage  be- 
tween him  and  the  said  E.  F.,  may  be  dissolved  and  declared 
null  and  void  by  a  decree  of  this  court,  according  to  the  sta- 


PUACTICAL  FOllMS.  191 

lute  in  such  case  made  and  provided  ;  and  that  this  plaintiff 
may  iiave  such  further  or  other  relief  in  the  premises  as 
shall  be  equitable,  and  the  circumstances  of  the  case  may 
require. 

M.  R.,  Plaintiff's  Att'y,  Troy. 


[  No.  336.  J 

Complaint  to  dissolve  marriage  because  of  lunacy. 

(Title  of  action.) 

This  plaintiff  in  his  complaint,  shows  to  the  court,  that 
on  or  about  the  tenth  day  of  March,  1849,  this  plaintiff  in- 
termarried with  one  L.  M.,  (now  L.  B.,)  at  the  city  of 
Utica,  and  that  at  the  time  of  the  said  marriage,  this  plaintiff 
and  the  said  L.  B.  were,  and  ever  since  have  been,  and  now 
are  inhabitants  of  this  State.* 

And  this  plaintiff  further  shows,  that  about  two  years  pre- 
vious to  the  said  marriage,  and  on  or  about  the  twenty-eighth 
day  of  February,  1847,  this  plaintiff  had,  by  an  inquisition 
of  a  jury,  taken  under  and  by  virtue  of  a  commission  in  the 
nature  of  a  writ,  rfe  lunatico  inquirendoy  issued  out  of  the  court 
of  chancery,  upon  the  partition  of  the  plaintiff's  brother  for 
that  purpose,  been  found  to  be  a  lunatic  and  of  unsound 
mind,  not  having  lucid  intervals,  and  that  he  was  incapable 
of  the  government  of  himself,  or  of  the  management  of  his 
lands,  tenements,  goods  or  chattels,  and  that  he  had  been 
in  that  state  for  about  one  year. 

And  this  plaintiff  further  shows,  that  upon  the  return  of 
said  inquisition  to  the  said  court  of  chancery,  an  order  was 
entered  on  the  fifth  day  of  iviay,  1847,  confirming  the  hnding 
of  the  jury  in  the  said  inquisition,  and  appointing  C.  B.,  the 
brother  of  this  plaintiff,  the  committee  of  his  person  and 
estate. 

And  this   plaintiff  further  shows,  that   from   the  time   of 
taking  the  inquisition  aforesaid,  until  the  said  marriage  and 
until  long  afterwards,  he  was  a  lunatic,  and  of  unsound  mind, 
• 


192  PRACTICAL  FORMS. 

and  incapable  of  contracting  matrimony.  And  this  plaintiff 
further  says,  that  at  the  time  the  said  marriage  took  place, 
it  was  well  known  to  the  said  L.  that  this  plaintiff  was  a 
lunatic,  under  the  care  of  his  said  committee,  and  that  he 
was  incompetent  to  consent  to  such  marriage.  That  the 
said  L.  had  been  a  near  neighbor  of  this  plaintiff  for  several 
years,  and  had  notice  not  only  of  his  mental  incapacity,  but 
of  all  the  proceedings  under  the  commission  of  lunacy  above 
mentioned. 

And  this  plaintiff  further  shows,  that  the  said  marriage 
took  place  and  was  entered  into  without  the  knowledge  or 
consent  of  the  committee  of  this  plaintiff. 

And  this  plaintiff  further  shows,  that  he  is  now  perfectly 
recovered  of  his  lunacy  aforesaid,  and  restored  to  his  right 
mind,  memory  and  understanding,  and  has  been  so  for  about 
one  year  last  past ;  and  that  by  an  order  of  this  court,  made 
upon  the  application  of  this  plaintiff,  on  the  twentieth  day 
of  August  last,  the  commission  of  lunacy  issued  against  him 
as  aforesaid,  and  the  inquisition  taken  thereon  were  super- 
seded and  determined,  and  this  plaintiff  was  discharged  from 
the  care,  custody  and  government  of  his  said  committee. 

And  this  plaintiff  further  shows,  that  since  his  restoration 
to  a  sound  state  of  mind  as  aforesaid,  he  has  not  voluntarily, 
nor  in  any  manner  cohabited  with  the  said  L.  That  this 
plaintiff  is  advised  that  the  marriage  had  and  solemnized 
between  him  and  the  said  L.,  as  aforesaid,  is,  under  the  cir- 
cumstances attending  the  same,  invalid  and  null  ;  and  there- 
fore he  demands  that  the  same  should  be  dissolved  and 
adjudged,  and  declared  null  and  void,  by  a  decree  of  this 
court. 

R.  M.,  Att'y  for  Plaintiff. 


[  No.  337.  ] 

Complaint  to  dissolve  marriage  for  physical  incapacity. 
(As  in  the  last  form  to  the  *,  then)      And  this  plaintiff 
further  shows,  that  immediately  after  the  said  marriage  took 


PRACTICAL  FOllMS.  |g3 

place,  this  plaintiff  discovered  that  the  said  L.,  at  the  time 
of  her  intermarriage  with  this  plaintiff  as  aforesaid,  was 
ph}'sically  incapable  of  entering  into  the  marriage  state; 
that  the  uterus  and  vagina  of  the  said  L.,  were  at  the  time  of 
such  intermarriage,  and  for  a  long  lime  previous  thereto, 
had  been  in  a  diseased,  and  in  a  schirrous,  cartaliginous  and 
ulcerated  state;  and  unnaturally  thickened  and  indurated, 
so  that  the  said  marriage  could  not  be  consummated  by  the 
sexual  intercourse  of  the  parties.  ' 

And  this  plaintiff  further  shows,  that  for  about  six  years 
next  preceding  the  said  marriage,  the  said  L.  had  been  a 
widow,  during  all  which  period  of  time,  as  this  plaintiff  has 
been  informed  and  believes,  the  said  diseased  state  of  the  said 
L.  existed,  and  was  increasing  and  progressing;  and  that 
the  physical  incapacity  of  the  said  L.,  arising  from  the  dis- 
eased condition  of  the  parts  aforesaid,  was  well  kpown  to 
her  at  the  time  of  her  said  intermarriage  with  this  plaintiff, 
and  for  a  long  time  previous  thereto. 

And  this  plaintiff  further  shows,  that  as  he  has  been 
informed  and  believes,  the  said  physical  incapacity  of  the 
said  L.  still  exists  and  is  incurable,  and  so  charges  the  fact 
to  be.  And  this  plaintiff  further  shows,  that  he  is  desirous 
of  having,  and  demands  that  the  said  marriage,  between  him 
and  the  said  L.,  be  dissolved,  and  declared  null  and  void  by 
a  judgment  of  this  court,  according  to  the  statute  in  such 
case  made  and  provided. 

A.  S.,  Plaintiff's  Att'y. 


[  No.  338.  J 

Complaint  to  dissolve  marriage  because  of  adultery. 
(Title  of  action.)  ^ 

This  plaintiff  says  that  on  or  about  the  tentti  day'of  April, 
1842,  he  intermarried  with  L.  E.,  (now  L.  B.,)  at  the  city  of 
Bulfalo,  ami  he  continued  to  live  with  the  said  L.  as  his 
wife,  until  about  the  first  day  of  January,  1851,  and  that 
from  the  time  of  the  said  marriage  they  have  been,  and  at 
13 


194 


PRACTICAL  FORMS 


the  time  and  times  of  the  commission  of  the  several  acts  of 
adultery  hereinafter  set  forth,  were  and  now  are  inhabitants 
of  this  State. 

And  this  plaintiff  further  shows,  that  during  the  time  he 
lived  and  cohabited  with  the  said  L.  as  his  wife,  she  had 
three  children,  to  wit :  A.  aged  about  eight  years,  B.  aged 
about  six,  and  C.  aged  about  4. 

And  this  plaintiff  further  shows,  that  he  is  informed  and 
believes  that  the  said  L.,  disregarding  the  solemnity  of  the 
marriage  vow,  has  since  the  marriage  aforesaid,  committed 
adultery  at  divers  times  and  places  ;  and  especially  that  the 
said  L.,  on  the  twenty-seventh  day  of  December,  1850,  at 
the  city  of  Rochester,  did  commit  adultery  and  have  carnal 
connexion  with  one  T.  P. ;  and  that  the  said  L.  did  at  vari- 
ous other  times  during  the  years  1850  and  1851  commit 
adultery  and  have  carnal  connexion  with  the  said  T.  P.,  at 
the  place  last  aforesaid  and  at  some  other  place  or  places. 

And  this  plaintiff  further  shows,  that  he  was  wholly  and 
entirely  ignorant  of  the  commission  of  the  aforesaid  acts  of 
adultery  by  the  said  L.,  or  any  or  either  of  them,  until  about 
the  first  day  of  January,  1851;  that  five  years  have  not 
elapsed  since  he  discovered  the  fact  that  such  adultery  had 
been  committed  by  her;  that  he  has  not  voluntarily  coha- 
bited with  her  since  the  discovery  thereof,  and  that  such 
adultery  was  committed  by  her  without  his  consent,  conniv- 
ance, privity  or  procurement. 

And  this  plaintiff  further  shows,  that  as  he  is  informed  and 
believes,  that  the  said  L.  is  now  and  for  some  time  past  has 
been  living  with  one  W.  X.  in  open  and  notorious  adultery, 
at  Sch'enectady,  and  that  five  years  have  not  elapsed  since 
the  commencement  of  such  adulterous  intercourse  was  disco- 
vered by  this  plaintiff;  and  that  such  adulterous  intercouse 
between  the  said  L.  and  the  said  W.  X.  was  begun  and  is 
continued  without  his  consent,  connivance,  privity  or  pro- 
curement. 

In  consideration  of  the  premises,  this  plaintitf  demands 
the  decree  or  judgment  of  this  court,  that  the  marriage 
between  this  plaintiff  and  the  said  L.  maybe  dissolved,  and 


PRACTICAL   FORMS.  [95 

a  divorce  decreed  according  to  the  statute  in  such  case  made 
and  provided  ;  and  that  this  plaintiff  may  have  such  other 
and  further  relief  in  the  premises  as  shall  he  equitahle. 

B.  C,  Plaintiff's  Att'y,  Utica. 


[  No.  339.  J 
Complaint  to  obtain  a  limited  divorce  or  separation, 

(Title  of  action.) 

This  plaintiff,  the  wife  of  Y.  Z.,  a  merchant  of  the  city  of 
Buffalo,  by  her  next  friend,  A,  B.,  says,  that  on  or  about  the 
sixteenth  day  of  July,  1844,  this  plaintiff  was  duly  married 
to  the  said  Y.  Z.,  and  continued  to  live  with  him  as  his  wife 
until  the  tenth  day  of  January  last  past.  That  at  the  time 
of  the  said  marriage  this  plaintiff  and  defendant  were,  and 
still  are  inhabitants  of  this  State. 

And  this  plaintiff  further  shows  that  during  the  time  she 
lived  and  cohabited  with  the  said  Y.  Z.,  as  aforesaid,  she  had 
two  children  by  him,  to  wit,  Ellen,  about  three  years  old, 
and  Jane,  about  one  year  old.  And  that  during  all  the  time 
she  conducted  herself  with  propriety,  managed  the  house- 
hold affairs  of  her  said  husband  with  prudence  and  economy, 
and  at  all  times  treated  her  said  husband  with  kindness  and 
forbearance.^  But  that  the  said  Y.  Z.,  disregarding  the  so- 
lemnity of  his  marriage  vow,  and  his  obligation  to  treat  his 
said  wife,  this  plaintiff,  with  kindness  and  attention,  within 
about  two  years  after  their  said  marriage,  commenced  a 
course  of  harsh,  unkind,  and  tyrannical  conduct  towards 
her,  which  continued  with  very  slight  intermissions,  until 
she  finally  separated  from  him  in  the  month  of  January  last. 

And  this  plaintiff  further  shows,  that  on  divers  occasions, 
w'hile  this  plaintiff  lived  with  the  said  Y.  Z.  as  aforesaid, 
he  was  guilty  of  cruel  and  inhuman  treatment,  and  of  such 
conduct  towards  lur  as  rendered  it  unsafe  and  improper  for 
lier  to  cohabit  with  him.  That  on  or  about  the  tenth  day  of 
December,  1851,  (here  specify  the  several  particular  acts  of 
cruelty.) 


296  PRACTICAL   FORMS. 

And  this  plaintitF  further  shows,  that  the  said  Y.  Z.  was, 
and  is  a  man  of  violent  passions,  of  ungovernable  temper, 
and  of  intemperate  habits;  and  that  on  many  occasions  dur- 
ing the  time  this  plaintiff  lived  with  the  said  defendant,  he 
addressed  to  her  the  most  opprobrious  epithets,  and  threats 
of  personal  violence,  and  that  he  repeatedly  threatened  to 
take  her  life.  And  that  in  consequence  of  the  cruel  and  in- 
human treatment  above  mentioned,  together  with  the  threats 
aforesaid,  and  such  brutal  and  outrageous  conduct  towards 
her  as  rendered  it  unsafe  for  her  to  live  with  him,  or  to  re- 
main within  the  reach  of  his  violence,  she  was  on  or  about 
the  tenth  day  of  January,  1852,  obliged  to  leave  the  houSe 
of  the  said  Y.  Z.  and  go  to  her  friends,  since  which  time 
she  has  not  dared  to  return  to  his  said  house,  or  to  live  with 
him. 

And  this  plaintiff  further  shows,  that  since  she  left  the 
house  of  the  said  Y.  Z.,  he  has  refused  to  provide  for  her 
support  and  maintenance  ;  and  that  she  has  been,  and  now 
is  dependent  entirely  upon  her  own  labor  and  the  charity  of 
her  friends  for  her  support.  That  she  is  now  very  destitute 
and  in  great  want,  and  that  she  is  indebted  to  a  considerable 
amount  for  board  and  necessary  clothing. 

And  this  plaintiff  further  shows,  that  within  about  a  year 
after  their  marriage,  the  said  Y.  Z.  received  about  five  thou- 
sand dollars  as  the  distributive  share  of  this  plaintiff  in  her 
father's  estate  ;  the  whole  of  which  he  has  applied  and  con- 
verted to  his  own  use.  And  that  the  said  Y.  Z.,  as-  this 
plaintiff  is  informed  and  believes,  is  seized  and  possessed 
of  real  estate  to  the  amount  of  twenty  thousand  dollars. 

In  consideration  of  these  premises,  this  plaintiff  seeks  the 
aid  of  this  court,  and  demands  that  a  separation  from  bed 
and  board  forever  may  be  adjudged  and  decreed  between 
this  plaintiff  and  the  said  Y.  Z.,  and  that  he  may  be  com- 
pelled by  a  decree  of  this  court  to  make  a  proper  and  suit- 
able provision  for  the  support  and  maintenance  of  this 
plaintiff  and  her  said  children ;  and  that  this  plaintiff  may 
have  the  care,  custody  and  education  of  the  children  of  the 
said  marriage,  according  to  the  statute  in  such  case  made 


PRACTICAL   FORMS.  197 

and  provided,  and  that  this  phiintiff  may  have  such  other  or 
further  relief  in  the  premises  as  shall  be  equitable  and  the 
circumstances  of  this  case  may  require. 

M.  P.,  Plaintiff's  Att'y,  Bufnilo. 


[  No.  340.  J 

Complaint  to  foreclose  a  mortgage, 
(Title  of  action.) 

The  above  named  plaintiff  complains,  that  the  defendant, 
J.  v.,  on  or  about  the  twenty-first  day  of  October,  1849, 
executed  under  his  hand  and  seal,  and  delivered  to  this  plain- 
tiff a  bond  bearing  date  on  that  day,  in  the  penal  sum  of 
eight  hundred  dollars,  with  a  condition  thereunder  written, 
in  substance  that  if  the  obligor  in  the  said  bcyid,  his  heirs, 
executors  or  administrators,  should  pay  or  cause  to  be  paid 
to  said  plaintiff,  the  obligee  in  the  said  bond  named,  his 
heirs,  executors,  administrators  or  assigns,  the  sum  of  four 
hundred  dollars,  on  or  before  the  twenty-first  day  of  Octo- 
ber, 1851,  with  lawful  interest  thereon  annually,  then  the 
said  bond  to  be  void,  otherwise  to  be  and  remain  in  full 
force,  (as  by  the  said  bond,  ready  to  be  produced  as  this 
court  shall  direct,  will  more  fully  appear.)  And  the  said  J. 
v.,  and  Mary  his  wife,  to  secure  the  payment  of  the  princi- 
pal and  interest  mentioned  in  the  condition  of  the  said  bond, 
did  at  the  same  time  execute  under  their  hands  and  seals, 
and  deliver  to  said  plaintiff  a  mortgage  bearing  the  same 
date  with  the  said  bond,  and  conditioned  for  the  payment  of 
the  said  sum  of  four  hundred  dollars,  and  the  lawful  inter- 
est thereof,  at  the  time  and  in  the  manner  hereinbefore  men- 
tioned,  according  to  the  condition  of  the  said  bond;  by 
which  said  mortgage,  the  said  J.  V.,  and  M.  his  wife,  mort- 
gaged, bargained  and  sold  to  the  })laintiff,  the  following 
described  premises,  with  the  appurtenances  thereto,  that  is 
to  say,  (here  set  forth  the  mortgaged  premises,)  wiiich  mort- 
gage was  duly  acknowledged  and  certified  so  as  to  entitle  it 
to  be  recorded,  and  the  same  was  afterwards  duly  recorded 


# 


198'  PRACTICAL   FORMS. 

as  a  mortgage  in  the  office  of  the  clerk  of  the  county  of 
Greene,  on  the  twenty-second  day  of  October,  1849,  (as  by 
the  said  mortgage,  and  the  certificate  of  acknowledgment 
and  of  the  recording  aforesaid,  endorsed  thereon,  and  now 
ready  to  be  produced  as  this  court  shall  direct,  will  more 

lly  appear.) 

And  this  plaintiff  farther  says,  that  as  he  is  informed,  E. 
•G.,  F.  H.,  and  J.  K.,  have  or  claim  to  have,  some  interest  in 
or  claim  upon  said  mortgaged  premises  which  said  interest 
or  claim  is  subsequent  to  and  subject  to  the  plaintiff's.  And 
no  personal  claim  is  matte  against  any  of  said  defendants, 
except  the  defendant  and  mortgagor,  the  said  J.  V. 

And  plaintiff  further  says,  that  the  sum  of  four  hundred 
dollars  of  principal,  the  amount  secured  by  the  said  bond 
and  mortgage,  together  with  the  interest  on  that  sum  from 
the  twenty-first  day  of  October,  one  thousand  eight  hundred 
and  fifty,  still  remains  due  and  unpaid  t©  the  plaintiflT,  and 
mat  no  other  proceedings  at  law  have  been  had  to  recover 
the  debt  secured  by  the  said  bond  and  mortgage,  or  any 
part  thereof.  , 

The  plaintiff  therefore  prays  the  aid  of  this  court  in  the 
premises,  and  that  the  usual  judgment  or  decree  may  be 
made  for  the  sale  of  the  mortgaged  premises  aforesaid,  and 
for  the  amount  due  the  plaintiff,  for  principal  and  interest  on 
the  said  bond  and  mortgage,  together  with  his  costs  in  this 
action,  and  that  the  said  defendants,  and  all  persons  claim- 
ing under  them  subsequent  to  the  commencement  of  this 
action,  either  as  purchasers,  incumbrancers,  or  otherwise, 
may  be  barred  and  foreclosed  of  all  equity  of  redemption  in 
the  said  premises  ;  and  that  the  defendant,  J.  V.  may  be 
adjudged  to  pay  any  deficiency  which  may  remain  after 
applying  all  of  said  moneys  so  applicable  thereto,  and  that 
the  plaintiff  may  have  such  further  or  other  relief  as  the 
nature  of  the  case  may  require,  and  as  to  this  court  may 
seem  proper  and  agreeable  to  equity. 

M.  R.,  Plaintiff's  Att'y, 

Catskill. 


PU ACTIO' AL  FORMS.  |99 

[  No.  341.  ] 

Complaint  in  ejectment. 

(Title  of  action.) 

This  plaintilf  in  his  comphiint,  says,  that  one  A.  B.,  on 
or  about  the  tenth  day  of  June,  1845,  duly  made  and  exe- 
cuted his  last  will  and  testament  in  writing,  and  thereby 
gave  and  devised  to  this  plaintiff  the  premises  hereinafter 
described,  to  hold  to  this  plaintiff  and  his  heirs  forever,  and 
that  the  said  A.  B.  departed  this  life  on  the  twentieth  day  of 
July,  1851,  without  having  revoked  or  altered  his  said  will; 
and  the  same  has  been  duly  proved  as  a  will  of  real  estate, 
as  appears  by  the  probate  and  record  thereof,  in  the  office 
of  the  surrogate  of  the  county  of  Greene.  And  this  plain- 
tiff further  says  that  this  defendant  is  now  wrongfully  in 
possession  of  the  said  premises,  and  wrongfully  claims  a 
right  thereto,  and  although  often  requested,  has  refused  and 
still  refuses  to  deliver  up  the  said  premises  to  this  plaintiff. 
The  premises  devised  in  said  will,  and  wrongfully  retained 
by  the  said  defendant,  are  described  as  follows,  to  wit : 
(here  insert  description  of  premises.) 

And  this  plaintiff  further  says,  that  by  reason  of  such  con- 
tinued wrong  doing  on  the  part  of  the  said  defendant,  he 
has  sustained  damage  to  the  amount  of  four  hundred  dollars. 
Wherefore  he  demands  judgment  against  the  said  defendant, 
for  the  said  four  hundred  dollars,  together  with  the  costs  of 
this  action,  and  also  that  the  said  defen-'.-at  do  forthwith 
deliver  up  to  the  plaintiff  the  possession  of  the  said  pre- 
mises, and  every  part  thereof. 

C.  P.,  Plaintiff's  Att'y,  Hudson. 


[  No.  342.  J 
Complaint  in  ejectment  for  dower. 
(Title  of  action.) 

This  plaintiff  in  her  complaint,  says,  that  on  the  fourth 
day  of  November,  1810,  this  plaintiff  was  lawfully  married 
to  and  with  one  B.  C,  now  deceased  ;  that  the  said  B.  C, 


200 


PRACTICAL  FORMS. 


during  such  marriage,  and  in  his  lifetime,  owned  and  was 
seized  and  possessed  in  fee  of  land  and  premises  hereinafter 
described  ;  that  the  said  B.  C.  died  on  or  about  the  sixth  day 
of  July,  1848,  leaving  the  said  plaintiff,  his  widow,  him  sur- 
viving ;  and  that  said  plaintiff  did  not  at  any  time  during  the 
lifetime  of  her  said  husband  join  with  him  in  any  conA'eyance 
of  the  said  lands  and  premises,  or  any  part  thereof;  that  in 
consequence  thereof  the  said  plaintiff  became,  and  was,  and 
is  entitled  to  the  possession,  occupancy  and  rents,  issues 
and  profits  of  the  undivided  third  part,  during  her  natural 
life  of  said  lands  and  premises,  bounded  and  described  as 
follows  :  (insert  description  of  premises,)  as  her  reasonable 
and  lawful  dower  as  the  widow  of  the  said  B.  C,  deceased, 
late  the  husband  of  this  plaintiff.  And  the  said  plaintiff  fur- 
ther says,  that  the  said  defendants  are  now  wrongfully  in 
the  occupation  and  possession  of  the  said  undivided  one- 
third  part  of  said  lands  and  premises,  and  claim  a  right  there- 
to, and  continue  unjustly  to  withhold  from  the  plaintiff  the 
possession  and  profits  thereof.  Whereupon  the  plaintiff 
demands  the  judgment  of  this  court,  that  the  said  defendant 
do  forthwith  deliver  up  the  undivided  one-third  part  of  the 
above  described  lands  and  premises,  with  the  appurtenances, 
to  the  plaintiff,  as  her  reasonable  and  lawful  dower  as  widow 
of  the  said  B.  C,  deceased,  as  aforesaid,  and  pay  to  the 
plaintiff  the  costs  of  this  action. 

M.  R.,  Plaintiff's  Att'y,  Catskill. 


[  No.  343.  ] 

Demurrer  to  a  complaint  for  defect  of  party  plaintiff. 
(Title  of  action.) 

The  defendant  demurs  to  the  plaintiff's  complaint  in  this 
action,  for  a  defect  of  the  parties  herein  *. 

Because,  it  appears  upon  the  face  of  the  complaint  that 
the  said  plaintiff  is  a  married  woman,  and  her  husband  is 
still  living,  (and  this  action  does  not  concern  the  separate 
property  of  the  plaintiff.) 

M.  R.,  Defendant's  Att'y,  Albany. 


PRACTICAL   FORMS.  201 

[  No.  344.  ] 

Another  form. 

(As  in  the  last  form  to  the  *,  then)  Because  the  said 
complaint  shows  that  this  action  is  brought  to  recover  a 
debt  claimed  to  be  due  this  plaintiff  and  one  A.  B.  jointly, 
and  the  said  A.  B.  is  not  joined  as  a  party  to  this  action. 

M.  R.,  Defendant's  Atty. 


[  No.  345.  ] 
Demurrer  to  complaint  for  defect  of  party  defendant. 

(Title  of  action.) 

This  defendant  demurs  to  the  plaintiff's  complaint  in  this 
action  on  account  of  defect  of  party  defendant  appearing 
upon  the  face  of  the  said  complaint. 

Because  it  appears  from  the  said  complaint  that  this  action 
is  brought  to  recover  a  demand  claimed  to  be  due  from  this 
defendant  and  one  A.  B.  jointly,  who  has  not  been  joined 
as  a  party  in  this  action. 

P.  B.,  Plaintiff's  Att'y. 


[  No.  346.  ] 

Demurrer  to  complaint  for  misjoinder  of  action. 

(Title  of  action.) 

This  defendant  demurs  to  the  plaintiff's  complaint  herein, 
for  that  several  causes  of  action  have  been  improperly 
united  in  this  action. 

Because  in  folios  one  to  four  he  claims  a  demand  to  be 
due  the  said  ])laintiff  from  this  defendant,  arising  upon  a 
promissory  note  and  an  account  for  goods  sold ;  and  in 
folios  five  to  ten  he  claims  to  recover  real  property  and 
damages  for  withholding  thereof;  and  in  folio  eleven  he 
claims  to  recover  for  injuries  to  the  person. 

M.  B.,  Defendant's  Att'y. 


202  PRACTICAL  FORMS. 

[  No.  347.  ] 

Demurrer  that  complaint  does  not  state  sufficient  facts  to  consti- 
tute a  cause  of  action. 

(Title  of  action.) 

This  defendant  demurs  to  the  plaintiff's  complaint  herein, 
because  it  does  not  state  facts  sufficient  to  constitute  a  cause 
of  action. 

Said  plaintiff  alleges  that  this  defendant  received  from  the 
plaintiff  a  large  quantity  of  hides  to  be  tanned  and  manufac- 
tured into  boots  and  shoes,  and  the  said  boots  and  shoes  to 
be  returned  to  the  said  plaintiff,  but  nowhere  alleges  that 
sufficient  time  has  elapsed  for  the  said  tanning  and  manu- 
facture, or  that  this  defendant  is  in  default. 

or  : 

It  appears  from  said  complaint  that  this  action  is  brought 
to  recover  the  amount  claimed  to  be  due  upon  an  inland  bill 
of  exchange,  drawn  by  this  defendant  upon  one  W.  B.  and 
accepted  by  the  said  W.  B.,  but  nowhere  alleges  a  transfer 
to  this  plaintiff,  or  that  said  bill  is  due,  or  has  been  pre- 
sented for  payment,  or  that  this  defendant  had  notice  of 
non-payment. 

W.  C,  Defendant's  Att'y. 


[  No.  348.  ] 
Demurrer  to  answer  for  insufficiency. 

(Title  of  action.) 

This  plaintiff  demurs  to  the  defendant's  answer  in  this 
action,  for  the  insufficiency  thereof. 

Because,  the  said  defendant  in  his  answer  has  not  speci- 
fically and  positively  admitted  or  denied  the  several  allega- 
tions in  the  said  complaint ;  and  in  his  answer,  folios  five 
and  six,  he  has  denied  several  charges  in  the  complaint 
conjunctively,whereas  such  charges  must  be  denied  disjunc- 
tively ;  and  the  said  answer  is  in  several  other  respects  im- 
perfect, insufficient  and  evasive. 

M.  B.,  Plaintiff's  Att'y. 


PRACTICAL  FORMS.  203 

[  No.  349.  ] 
Commencements  of  answers. 
Supreme  Court. 

M.  B.  )  C  E.  T.,  impleaded  with  others, 

ads.     C  '^^  I  dds. 

G.  U.)  i  G.  H. 

By  an  infant.— This  defendant,  an  infant,  under  the  age  of 
twenty-one  years,  by  C.  D.,  his  guardian,  in  answer  to  the 
plaintiff's  complaint,  herein  says,  &c. 

By  a  single  defendant. — J.  C,  one  of  the  above  named  de- 
fendants answering  for  himself,  says,  &c. 

By  a  defendant  sued  by  a  wrong  name. — This  defendant,  H. 
E.,  in  the  summons  and  complaint  in  this  action,  called  G. 
E.,  answering  the  plaintiff's  complaint  herein,  says,  &c. 

By  husband  and  wife  jointly. — G.  H.,  one  of  the  above  nam- 
ed defendants,  and  C.  H.,  his  wife,  for  answer  to  the  plain- 
tiff's complaint  in  this  action,  jointly  say,  &c. 

By  a  lunatic  or  idiot. — The  defendant,,  C.  D.,  a  lunatic,  (or 
idiot,  or  habitual  drunkard,)  by  M.  B.,  his  committee  and 
guardian,  ad  litem,  in  this  his  answer  to  the  plaintiff's  com- 
plaint, says  that,  &c. 

[  No.  350.  J 

Jinsicer — coverture  of  plaintiff. 

(Commence  as  before.)  That  the  said  plaintiff  before,  and 
at  the  time  of  the  commencement  of  this  action  was,  and  still 
is  married  to  one  M.  B.,  then,  and  yet  her  husband,  who  is 
still  living  in  the  city  of  Rochester. 


[  No.  351.  ] 
Answer — coverture  of  defendant. 

(Commence  as  before.)  That  at  the  time  of  the  service  of 
the  summons  (and  complaint)  in  this  action  on  this  defend- 
ant, she  was,  and  still  is  the  wife  of  one  C.  B.,  who  is  still 
living  in  the  city  of  Buffalo,  and  that  the  cause  of  action  set 
forth  in  the  said  plaintiff's  complaint,  does  not  concern  the 
separate  property  or  liability  of  this  defendant. 


204  PRACTICAL  FORMS. 

[   No.  352.    ] 

Jlnsiver— infancy  of  plaintiff, 

(Commence  as  before.)  That  the  said  plaintiff  is  an  infant, 
under  the  age  of  twenty-one  years,  to  wit :  of  the  age  of 
eighteen  years,  and  has  commenced  this  action  in  his  own 
person,  and  not  by  his  next  friend  or  guardian,  ad  litem. 


[  No.  353.  J 

Answer — defect  of  party  plaintiff. 

(Commence  as  before.)  That  the  said  several  promises  and 
undertakings  in  the  said  complaint  mentioned  and  set  forth, 
if  any  such  w^ere  made,  were,  and  each  of  them  was  made  by 
the  said  defendant  jointly,  (or  the  said  plaintiff  jointly,)  with 
one  A.  B.,  who  is  still  living  at  the  city  of  New  York,  and 
still  is  a  real  party  in  interest  in  the  matters  in  controversy 
in  this  action. 


[  No.  354.  ] 

t 

jinswer  of  statute  of  limitations. 

(Commence  as  before.)  That  the  said  plaintiff  ought  not  to 
have  or  maintain  his  aforesaid  action  thereof  against  him, 
because  he  says  that  he,  the  said  defendant,  did  not  at  any 
time  within  six  years,  next  preceding  the  commencement  of 
this  action,  undertake  or  promise  to  pay  the  said  plaintiff 
in  the  manner  and  form  set  forth  by  the  said  plaintiff  in  his 
complaint  or  in  any  other  manner  or  form  whatever. 


[  No.  355.  ] 

Answer  of  duress. 

(Commence  as  before.)  This  defendant  ought  not  to  be 
charged  with  the  demand  referred  to  in  the  complaint  in 
this  action  by  virtue  of  the  said  writing  obligatory,  because 


PRACTICAL   FORMS.  205 

he,  the  said  defendant,  at  the  time  of  making  the  said 
writing  aforesaid,  was  unhiwfuUy  imprisoned  by  the  said 
plaintiff,  (and  others  in  collusion  with  him,)  and  then  and 
there  detained  in  prison,  until  by  the  force  and  duress  of 
imprisonment  of  him,  the  said  defendant,  he  made  the  said 
writing,  and  delivered  the  same  to  the  said  plaintiff  as  his 
writing  obligatory. 


[  No.  356.  ] 

Answer  of  release. 

(Commence  as  before.)  That  after  the  making  of  the  said 
several  promises  and  undertakings  in  the  said  complaint 
mentioned,  and  before  the  commencement  of  this  action,  to 
wit :  on  the  third  day  of  July,  1851,  the  said  plaintiff  made 
his  certain  writing  of  release  in  the  words  and  figures  fol- 
lowing :  (set  forth  copy  of  release.) 


[  No.  357.  ] 

Answer  of  payment. 

(Commence  as  before.)  That  the  said  plaintiff  ought  not 
to  have  or  maintain  this  action  against  him,  because  the 
said  defendant  did,  on  the  day  mentioned  in  the  said  writing 
obligatory  mentioned,  pay  to  the  said  plaintiff  the  said  sum 
of  five  hundred  dollars  in  the  said  condition  mentioned, 
together  with  all  interest  then  due  thereon,  according  to  the 
form  and  effect  of  the  said  condition. 


[  No.  358.  J 
Answer  of  accord  and  satisfaction. 

Commence  as  before.)  That  he,  the  said  defendant,  before 
the  commencement  of  this  action,  to  wit :  on  the  third  day 
of  April,  1852,  at  Albany  aforesaid,  paid  to  the  said  plain- 


206  PRACTICAL  FORMS. 

tiff  the  sum  of  one  thousand  dollars,  in  full  satisfaction  and 
discharge  of  the  sura  in  the  said  breach  of  covenant  men- 
tioned, and  of  all  the  damages  by  the  said  plaintiff  sustained 
by  reason  of  the  non-payment  thereof;  which  said  sum  of 
one  thousand  dollars,  the  said  plaintiff  then  and  there  ac- 
cepted and  received  of  and  from  this  defendant,  in  full  satis- 
faction and  discharge  of  the  said  sum  in  the  said  breach  of 
covenant  mentioned,  and  of  the  damages  of  the  said  plaintiff 
by  him  sustained  by  reason  of  the  said  breach  of  covenant. 


[  No.  359.  ] 

Answer  of  discharge  under  insolvent  act. 

(Commence  as  before.)  That  the  said  defendant  being  an 
inhabitant  of  the  city  of  Troy,  and  being  also  an  insolvent 
debtor,  within  the  true  intent  and  meaning  of  the  act,  enti- 
tled "  Of  voluntary  assignments  made  pursuant  to  the  ap- 
plication of  an  insolvent  and  his  creditors,"  did  in  conjunc- 
tion with  so  many  of  his  creditors  residing  within  the  United 
States  as  had  debts  in  good  faith  owing  to  them  by  the  said 
defendant,  amounting  to  at  least  two-thirds  of  all  the  debts 
owing  by  him  to  creditors  residing  within  the  said  United 
States,  presented  a  petition  to  J.  0.,  Esq.,  then  recorder  of 
the  said  city  of  Troy,  in  accordance  with  the  said  act,  and 
such  proceedings  were  thereupon  had  agreeably  to  the  said 
act ;  that  afterwards,  and  on  the  tenth  day  of  March,  1851, 
the  said  recorder  did  discharge  the  said  defendant  by  a 
writing  under  his  hand  and  seal,  in  the  words  and  figures 
following,  to  wit:  (here  insert  discharge,)  and  this  defend- 
ant further  says,  that  the  said  several  promises  and  under- 
takings in  the  complaint  set  forth,  and  every  of  them,  were 
made  after  the  twelfth  day  of  April,  1813,  and  that  at  the 
time  of  making  of  the  said  several  promises  and  undertak- 
ings, and  every  of  them,  the  said  plaintiff  and  the  said  de- 
fendant were  persons  respectively  resident  within  this  State  ; 
and  that  the  causes  of  action  in  the  said  complaint  set  forth. 


I 


PRACTICAL  FORMS. 


20' 


arose  and  existed  before  the  presenting  of  the  petition  as 
aforesaid  to  the  said  recorder  in  manner  aforesaid,  and  before 
the  giving  of  the  discharge  as  aforesaid. 


[  No.  360.  J 

Jlnsxcer  of  usury. 

(Commence  as  before.)  That  before  the  making  of  the 
promises  and  undertakings  in  the  said  complaint  mentioned, 
it  was  corruptly  and  against  the  form  of  the  statute  in  that 
case  made  and  provided,  agreed  by  and  between  the  said 
plaintiif  and  the  said  defendant,  that  the  said  plaintiff  should 
lend  and  advance  to  the  said  defendant,  the  sum  of  four 
hundred  dollars,  and  that  the  said  plaintiff  should  forbear 
and  give  day  of  payment  thereof  to  the  said  defendant  for 
twenty  days,  and  that  the  said  defendant,  for  the  loan  of  the 
said  four  hundred  dollars,  and  for  giving  day  of  payment  as 
aforesaid  should  give  and  pay  the  said  plaintiff  the  sum  of 
fifty  dollars,  being  more  than  lawful  interest  for  the  same, 
and  that  in  pursuance  of  the  said  usurious  and  corrupt 
agreements,  the  said  plaintiff  did  then  and  there  lend  and 
advance  to  the  said  defendant  the  said  sum  of  four  hundred 
dollars,  which  said  sum  of  fifty  dollars  was  paid  by  the  said 
defendant  to  the  said  plaintiff  for  the  forbearance  in  giving 
day  of  payment. 


[  No.  361.  J 

Answer  statute  of  frauds  on  a  guaranty. 

(Commence  as  before.)  That  the  several  supposed  prom- 
ises and  undertukings  in  the  said  complaint  mentioned  were 
special  promises,  and  each  of  them  was  a  special  promise 
for  the  debt  of  another  person,  to  wit,  J.  C,  and  that  no 
agreement  in  respect  of  or  relating  to  the  supposed  causes 
of  action  in  the  said  complaint  mentioned,  or  either  of  them, 


208  PRACTICAL  FORMS. 

nor  any  memorandum  or  note  thereof,  wherein  the  conside- 
rations for  the  said  special  promises,  or  either  of  them,  was 
or  were  stated  or  shown,  was  or  is  in  waiting,  or  was  or  is 
signed  by  the  said  defendant,  or  by  any  other  person  by  him 
thereunto  lawfully  authorized,  according  to  the  form  of  the 
statute  in  such  case  made  and  provided. 


[  No.  362.  j 

Answer  of  arbitrament  and  award. 

(Commence  as  before.)  That  after  the  making  of  the  said 
several  promises  in  the  said  complaint  mentioned,  the  said 
plaintiff  and  the  said  defendant  submitted  themselves  by 
two  mutual  bonds  of  arbitration  and  engaged  in  all  things 
well  and  truly  to  keep,  obey,  abide  and  perform  the  award, 
arbitrament  and  final  determination  of  A.  B.  and  C.  D.,  arbi- 
trators indifferently  elected  and  named  as  well  on  the  part 
and  behalf  of  the  plaintiff  as  of  the  defendant,  to  arbitrate, 
award  and  determine  of  and  concerning  all  and  all  manner 
of  action  and  actions,  and  cause  and  causes  of  actions,  and 
of  all  controversies  and  demands  whatsoever,  at  any  time 
theretofore  had,  made,  committed  or  depending  by  and 
between  the  said  parties  or  either  of  them,  so  as  the  said 
award  should  be  made  by  the  said  arbitrators,  under  their 
hands,  and  ready  to  be  delivered  to  the  parties  in  difference, 
or  such  of  them  as  should  desire  the  same,  on  or  before  the 
twentieth  day  of  May  then  next.  And  this  defendant  further 
says,  that  the  said  arbitrators,  before  the  expiration  of  the 
time  limited  for  making  their  award,  took  upon  themselves 
the  burden  of  the  said  arbitration,  and  having  duly  made 
and  considered  the  subject  matters  in  dispute  between  the 
said  plaintiff  and  the  said  defendant,  they,  the  said  arbitra-. 
tors,  did  make  their  award  in  writing  under  their  hands,  of 
and  concerning  the  premises,  and  of  and  concerning  the  said 
promises  and  undertakings  in  the  said  complaint  mentioned, 
and  ready  to  be  delivered  to  the  said  parties  in  difi'erence. 


PRACTICAL   FOIlxMS.  -JO'i) 

I  No.  363.  ] 

Jinswer  of  judgment  recovered. 

(Commence  as  before.)  That  the  said  plaintiff  heretofore 
and  on  or  about  the  sixteenth  day  of  March,  1851,  in  this 
court,  recovered  a  judgment  against  this  defendant  for  tlie 
sum  of  five  hundred  dollars,  for  the  same  causes  of  action  as 
in  this  complaint  mentioned  and  contained,  as  will  appear 
by  the  judgment  roll  of  the  said  action  filed  in  the  office  of 
the  clerk  of  the  city  and  county  of  Albany,  on  the  sixteenth 
day  aforesaid,  which  said  judgment  still  remains  in  full  force 
and  effect. 


[  No.  364.  J 

Answer  claiming  set  off. 

(Commence  as  before.)  That  at  the  time  of  the  commence- 
ment of  this  action,  the  plaintiff  was  and  still  is  indebted  to 
this  defendant  in  the  sum  of  two  hundred  dollars,  for  the 
work,  labor,  care  and  diligence  of  this  defendant  and  his 
servants  and  workmen  for  the  said  plaintiff,  and  at  his 
request,  which  said  sum  of  two  hundred  dollars  the  defend- 
ant hereby  claims  should  be  set  ofi"  and  allowed  to  the 
defendant  against  the  said  plaintiff,  and  demands  judgment 
in  his  favor  for  the  balance  thereof,  to  wit :  the  sum  of  fifty- 
five  dollars,  together  with  the  costs  of  this  action. 


[  No.  365.  ] 

Answer  alleging  non-compliance  with  conditions  of  the  policy. 

(Commence  as  before.)  That  the  plaintiff  did  not  before 
the  commencement  of  this  action  give  due  notice  or  any 
notice  of  the  loss  of  the  said  goods  by  fire,  for  wh! .h  he 
seeks  recovery  in  this  action ;  nor  did  the  said  plaintiff,  pre- 
vious to  the  commencement  of  this  action,  furnish  to  the 
14 


2]0  PRACTICAL  FORMS. 

said  company  any  statement  of  the  loss  of  the  said  goods, 
as  by  the  said  policy  is  required  to  be  done,  and  in  several 
other  particulars  the  said  plaintiff  utterly  neglected  and 
refused  to  comply  with  the  terms  and  conditions  in  the  said 
policy  set  forth  and  expressed,  and  the  said  plaintiff  at 
divers  times  received  into  his  said  store  a  large  quantity  of 
goods  known  and  described  as  extra  hazardous,  well  know- 
ing that  such  reception  was  a  violation  of  the  conditions  in 
the  said  policy  contained  ;  and  at  the  time  of  the  said  fire, 
the  said  plaintiff  had  in  his  store  a  large  quantity  of  such 
extra  hazardous  goods,  by  means  whereof  the  conditions  of 
the  said  policy  were  violated,  disregarded  and  broken,  and 
these  defendants  entirely  discharged  from  their  liability  on 
the  said  policy  written. 


[  No.  366.  ] 

Answer  that  plaintiff  committed  first  assault. 

(Commence  as  before.)  That  said  plaintiff  ought  not  to 
have  or  maintain  his  action  against  him,  because  the  said 
plaintiff  just  before  the  time  in  the  said  plaintiff's  complaint 
mentioned,  with  force  and  arms  made  an  assault  upon  *  him 
the  said  defendant,  and  would  then  and  there  have  beaten, 
bruised  and  ill-treated  the  said  defendant,  if  he  had  not  im- 
mediately defended  himself  against  the  said  plaintiff;  where- 
fore he,  the  said  defendant  did  defend  himself  against  the 
said  plaintiff,  as  he  lawfully  might  for  the  cause  aforesaid  ; 
and  in  so  doing  did  necessarily  and  unavoidably  a  little 
beat,  bruise,  wound  and  ill-treat  the  said  plaintiff,  and  rend, 
tear,  damage  and  spoil  the  said  wearing  apparel  in  the  said 
complaint  mentioned,  doing  no  unnecessary  damage  to  the 
said  plaintiff  on  the  occasion  aforesaid  ;  and  if  any  hurt  or 
damage  then  and  there  happened  to  the  said  plaintiff  or  to 
his  said  wearing  apparel,  the  same  was  occasioned  by  the 
said  assault  so  made  by  the  said  plaintiff  on  him  the  said 
defendant,  and  the  necessary  and  lawful  defence  of  him  the 


PRACTICAL  FORMS.  2 1  1 

said  defendant,  against  the  said  plaintiff,  which  are  the  same 
supposed  trespasses  cornphiined  of  by  the  said  plaintiff 
against  this  defendant. 


[  No.  367.  ] 

Answer — defendant  was  preserving  the  peace. 

(Commence  as  in  the  last  to  the  *,  then)  one  M.  B.,  and 
was  then  and  there  at  the  same  time  beating  and  ill  treating 
the  said  AI.  B.,  in  breach  of  the  peace  of  the  people  of  the 
State  of  New  York  ;  wherefore  the  said  defendant,  at  the 
said  time,  to  preserve  the  peace  of  the  said  people  of  the 
State  of  New  York,  and  to  part  the  said  plaintiff  from,  and 
to  prevent  him  from  further  beating  and  ill  treating  the  said 
M.  B.,  gently  laid  his  hands  upon  the  said  plaintiff,  as  he 
lawfully  might,  for  the  cause  aforesaid,  which  are  the  same 
assaulting,  beating  and  ill  treating  the  said  plaintiff  has  set 
forth  in  his  complaint  in  this  action. 


[  No.  368.  J 

Answer  justifying  as  to  charge  of  perjury. 

(Commence  as  before.)  That  before  the  speaking  and  pub- 
lishing the  said  words  of  and  concerning  the  said  plaintiff, 
as  in  the  said  complaint  charged,  to  wit :  at  a  term  of  the 
circuit  court,  held  at  the  city  of  Troy,  in  the  month  of  May, 
1851,  then  and  there  holden  before  one  of  the  judges  of  this 
court,  according  to  the  form  of  the  statute  in  such  case  made 
and  provided,  a  certain  issue  before  then  joined  in  an  action 
brought  and  prosecuted  in  this  court,  by  and  at  the  suit  of 
one  A.  B.,  as  plaintiff,  against  C.  D.,  as  defendant,  for  the 
supposed  breach  of  certain  promises  and  undertakings,  came 
on  to  be  tried  in  due  form  of  law,  and  was  then  and  there 
tried  by  a  jury  of  the  country  in  that  behalf,  duly  taken  and 
sworn  between  the  parties  aforesaid  ;  and  upon  such  trial  of 


212  PRACTICAL  FORMS. 

the  said  issue,  this  plaintiff  appeared  as  a  witness  for  and  on 
behalf  of  the  said  A.  B.,  the  plaintiff  in  the  said  action,  and 
this  plaintiff  was  then  and  there  in  open  court,  holden  as 
aforesaid,  before  the  said  judge  thereof,  duly  sworn,  and 
took  his  corporeal  oath  upon  the  Holy  Gospel  of  God,  to 
speak  fhe  truth,  the  whole  truth  and  nothing  but  the  truth, 
touching  and  concerning  the  matters  in  question  in  the  said 
issue ;  the  said  court  then  and  there  having  sufficient  pow'er 
and  authority  to  administer  the  said  oath  to  this  plaintiff  in 
that  behalf;  and  upon  the  said  trial  of  the  said  issue,  it  then 
and  there  became,  and  was  material  to  ascertain  the  truth 
of  the  matters  hereafter  stated  to  have  been  sworn  by  this 
plaintiff. 

And  this  defendant  further  says,  that  this  plaintiff  being 
so  sworn  as  aforesaid,  upon  his  oath  aforesaid,  falsely, 
wickedly,  maliciously  and  corruptly,  and  by  his  own  act 
and  consent,  did  depose,  swear  and  give  evidence  amongst 
other  things,  at  and  upon  the  said  trial,  that  (here  set  forth 
that  part  of  the  plaintiff's  evidence  in  which  he  committed 
perjury.)  Whereas  in  truth  and  in  fact,  (here  negative  the 
plaintiff's  evidence  as  in  an  indictment  for  perjury.)  And 
this  plaintiff  did  thereby  in  the  said  court  so  holden  as  afore- 
said, upon  his  said  oath  upon  the  trial  of  the  said  issue, 
falsely,  wickedly,  wilfully  and  corruptly  commit  wilful  and 
corrupt  perjury.  Wherefore  this  defendant,  at  the  several 
times  spoke  and  published  of  and  concerning  the  said  plain- 
tiff, the  said  several  words  in  the  said  complaint  mentioned 
to  have  been  spoken  and  [)ublished  by  the  said  defendant, 
of  and  concerning  this  plaintiff,  as  it  was  lawful  for  him  to 
do  for  the  cause  aforesaid. 


[  No.  369.  j 

Answer — specific  denial. 
(Title  of  action.) 

This  defendant  in  answer  to  the  plaintiff's  complaint 
herein,  denies  that  on  the  twenty-first  day  of  March,  1851, 
or  at  any  other  time,  he  was,  or  is  indebted  to  the  said  plain- 


PRACTICAL  FORMS.  213 

tifl  in  the  sum  of  one  thousand  dolhirs,  or  any  other  sum 
(as  balance)  for  work,  hibor  and  services,  rare  and  diligence 
done  and  performed,  and  supplied  by  the  plaintiff  and  his 
servants  for  the  defendant,  and  for  brick,  mortar,  lath  and 
plaster,  cut  free  stone,  blue  stone,  iron  work,  and  other 
necessary  materials  and  things  bestowed,  furnished  and 
supplied  by  the  plaintiff  for  the  defendant,  in  and  about  the 
mason  work  and  excavation  in  the  erection  and  building  of 
three  four-story  brick  dwellings,  in  the  city  of  Albany,  or 
anywhere  else,  or  that  he  is  indebted  to  him  for  any  of  said 
work. 

And  this  defendant  further  answering,  denies  that  he  is 
indebted  to  the  plaintiff  for  excavating  and  removing  earth 
from  cellars,  (and  thus  continue  denying  the  several  allega- 
tions in  the  same  words  as  charged  in  the  complaint.) 


[  No.  370.  J 

Answer — another  action  pending  for  the  same  cause  of  action. 

(Commence  as  before.)  That  there  is  another  action  pend- 
ing in  this  court  in  which  this  defendant  commenced  an 
action  to  recover  moneys  secured  on  certain  promissory 
notes  against  the  plaintilF  in  this  action,  and  that  previous 
to  the  commencement  of  this  action  by  his  answer  in  said 
former  action  has  set  up  and  claims  as  a  good  and  valid 
defence,  the  same  matters  for  which  this  action  is  brought. 
And  the  said  former  action  now  remains  depending  in  this 
court,  being  yet  undetermined  and  undismissed. 


[  No.  371.  j 

General  ansiver  of  infant  in  foreclosure. 

(Title  of  action.) 

This  defendant,  answering  by  his  said  guardian,  says,  that 
he  is  a  stranger  to  all  and  singular  the  matters  and  things 
in  the  complaint  in  this  action  set  forth,  and  that  this  de- 


214  PRACTICAL  FOEMS. 

fendant  is  an  infant  under  the  age  of  twenty-one  years,  and 
claims  such  interest  in  the  premises  as  he  is  entitled  to, 
and  he  submits  his  rights  and  interests  in  the  matters  in 
question  in  this  action  to  the  protection  of  this  honorable 
court. 


[  No.  372.   J 

Answer — general  denial. 

(Commence  as  before,  then)  And  as  to  every  allegation  in 
said  complaint,  not  hereinbefore  specifically  admitted  or 
denied,  these  defendants  have  not  any  knowledge  or  infor- 
mation sufficient  to  form  a  belief,  and  ask  the  same  benefit 
of  this  their  answer,  as  if  they  had  demurred  to  said  com- 
plaint, for  the  insufficiency  thereof. 


[  No.  373.  ] 

Answer — general  denial — {another  form.) 

(Commence  as  before.)  The  above  named  defendant  an- 
swers to  the  complaint  of  plaintiff  in  the  above  entitled 
action,  and  denies  each  and  every  allegation  alleged  in 
plaintiff's  complaint. 


[  No.  374.  ] 

Conclusion  of  answer. 

Whereupon  this  defendant  demands  that  the  injunctional 
order  of  this  court  be  set  aside,  and  that  this  defendant  be 
restored  to  his  rights  in  the  premises,  and  have  compensii- 
tion  of  the  plaintiff  for  the  damages  and  costs  he  has  most 
wrongfully  sustained  by  this  action. 

M.  R,,  Defendant's  Att'y,  Albany. 


PRACTICAL  FORMS.  215 

[  No.  375.  J 

Another  form. 

And  therefore,  these  defendants  aver  and  insist  that  the 
said  supposed  agreement  mentioned  in  the  comphiint,  was 
and  is  illegal  and  void,  and  of  no  binding  force  and  validity 
whatever. 

A.  B.,  Defendant's  Att'y,  New  York. 


[  No.  376.  ] 

Another  form. 

Wherefore  this  defendant  demands  judgment  in  his  favor 
for  the  sum  of  five  hundred  dollars,  and  interest  thereon 
from  the  third  day  of  December,  1851,  together  with  the 
costs  which  he  has  sustained  in  this  action. 

C.  R.,  Defendant's  Att'y,  Buffalo. 


[  No.  377.  ] 

Report  of  clerk  on  assessment  of  damages. 

(Title  of  action.) 

Having  examined  and  ascertained,  I  do  hereby  report 
that  the  plaintiff  in  this  action  do  recover  against  the  defend- 
ant the  sum  of  two  hundred  dollars  damages,  besides  costs. 

April  6,  1852. 

R.  L.,  Clerk. 


[  No.  378.  ] 

Report  of  justice  on  default  of  defendant  at  the  circuit. 

(Title  of  action.) 

This  action  having  been  calleil  in  its  order  on  the  calen- 
dar, and  the  defendant,  though  called  came  not,  but  made 
default,  and  a  trial  by  jury  having  been  waived  on  the  part 


216  PRACTICAL  FORMS. 

of  the   plaintiff  by  the  consent  of  the  court :    after  hearing 
the  evidence  on  the  part  of  the  plaintiff,  I  hereby  report  that 
I  find  there  is  due  from  the  defendant  to  the  plaintiff  herein, 
the  sum  of  five  hundred  dollars,  besides  costs. 
Albany,  March  12,  1852. 

IRA  HARRIS. 


[  No.  379.  J 
Report  of  justice  {on  trial  at  circuit,)  in  favor  of  the  plaintiff . 

(Title  of  action.) 

This  action  having  been  called  in  its  order  on  the  calen- 
dar, and  a  trial  by  jury  having  been  waived  by  the  parties 
hereto  in  open  court :  after  hearing  the  evidence  presented 
and  after  due  deliberation  thereon,  I  hereby  report  that  I 
find  that  there  is  *  due  from  the  defendant  to  the  plaintiff 
herein,  the  sum  of  one  thosuand  dollars,  besides  costs. 

Albany,  March  12,  1852. 

IRA  HARRIS. 


[  No.  380.  ] 

Report  of  justice  {on  trial  at  circuit,)  in  favor  of  defendant. 

(As  in  the  last  form  to  the  *,  then)     Nothing  due  from 
the  defendant  to  the  plaintiff  in  this  action. 
Albany,  March  13,  1852. 

A.  J.  PARKER. 


[  No.  381.  J 

Report  of  referee  iii  favor  of  plaintiff . 
(Title  of  action.) 

I,  A.  B.,  appointed  sole  referee  in  this  action,  having 
heard  the  proofs  and  allegations  of  the  parties,  and  the  ar- 
gument of  their  counsel,  do  certify  and  report  that  I  find  for 
facts  in  this  action  the  following,  viz  : 


PRACTICAL  FORMS.  217 

That  defendants,  J.  C.  and  T.  B.,  *  are  properly  charge- 
able as  endorsers,  and  G.  B.,  as  maker  of  a  promissory  note 
for  four  hundred  and  twenty-two  dollars,  dated  October  15, 
A.  D.,  1851,  and  payable  thirty  days  after  date,  and  that 
the  whole  amount,  principal  and  interest  now  due  on  said 
note  amounts  to  four  hundred  and  thirty-three  dollars  and 
eighty-one  cents  ;  and  as  a  conclusion  of  law  that  the  de- 
fendants in  the  above  entitled  action  owe  the  plaintiffs  that 
sum,  besides  costs. 

Albany,  April  9,  1852. 

A.  B.,  Sole  Referee. 


[  No.  382.  J 
Beport  of  referee  in  favor  of  defendant. 

(As  in  the  last  form  to  the  *,  then)  were  properly  charge- 
able for  the  work,  labor  and  services  of  the  plaintiff  and  his 
servants  for  the  said  defendant,  and  at  their  request,  to  the 
amount  of  four  hundred  dollars,  and  that  the  said  plaintiff 
agreed  to  take,  and  did  take,  of  the  said  defendants  the 
promissory  note  of  one  C.  D.,  endorsed  by  G.  H.,  in  full 
payment  and  discharge  thereof,  and  as  a  conclusion  of  law 
that  the  said  defendants  are  not  indebted  to  the  plaintiff  for 
any  of  the  matters  and  things  demanded  in  this  action. 

Buffalo,  April  12,  1852. 

A.  B.,  Sole  Referee. 


[  No.  383.  ] 

Report  of  amount  due  in  foreclosure — all  due. 

(Title  of  action.) 

To  the  Supreme  court  of  the  State  of  New  York  : 
In  pursuance  and  in  virtue  of  an  order  of  this  court,  made 
in  the  above  action,  and  bearing  date  the  30th  day  of  March, 
1852,  by  which  it  was  referred   to  me,  as   sole   referee,  to 


213  PRACTICAL  FORMS. 

compute,  ascertain  and  report  the  amount  due  to  the  plain- 
titf  for  principal  and  interest  on  the  bond  and  mortgage  men- 
tioned and  set  forth  in  the  complaint  in  this  action,  *  and 
report  thereon  to  this  court  with  all  convenient  speed,  I,  the 
subscriber,  do  respectfully  certify  and  report,  that  I  have 
computed  and  ascertained  the  amount  due  to  the  plaintiff  in 
this  action  as  aforesaid,  and  that  the  amount  so  due  on  the 
said  bond  and  mortgage,  for  principal  and  interest  up  to  and 
including  the  date  of  this  report,  is  the  sum  of  five  hundred 
and  eighty-nine  dollars. 

And  I  do  further  certify  and  report,  that  the  schedule 
hereunto  annexed,  marked  A.,  and  making  part  of  this  my 
report,  contains  a  statement  and  account  of  the  principal 
and  interest  moneys  due  to  the  plaintiff  as  aforesaid,  the  pe- 
riod of  the  computation  of  the  interest  and  its  rate,  and  to 
which  for  greater  certainty,  I  refer. 

All  which  is  respectfully  submitted.  Dated  April,  10, 
1852. 

A.  B.,  Sole  Referee. 


[  No.  384.  J 

Schedule  marked  A^  referred  to  in  the  preceding  report. 

One  bond,  dated  September  10th,  1849,  in  the  penal  sum 
of  $1,000,  conditioned  to  pay  $500,  as  follows,  viz  :  on  the 
1st  day  of  January,  1851,  with  interest ;  which  bond  is  ac- 
companied with  a  mortgage  of  the  same  date. 

Principal  sum  due,  . .  •• $500 

Interest  thereon,  from  September  10,  1849,  to  April 
10th,  1852,  being  2  years  and  seven  months,  at 
seven  per  cent,  per  annum,  is, 89 

Amount  due  plaintiff  this  April  10,  1852,  is, $589 

A.  B.,  Sole  Referee. 


PRACTICAL  FORMS.  219 

[  No.  385.  ] 

Report  of  amount  due  in  foreclosure — not  all  due — cannot  he  sold 

in  parcels. 

(As  in  the  last  form  to  the  *,  then)  and  also  to  ascertain 
and  report  the  situation  of  the  mortgaged  premises,  and 
whether,  in  his  opinion,  the  same  can  be  sold  in  parcels, 
without  injury  to  the  interests  of  the  parties  ;  and  if  he 
shall  be  of  opinion  that  a  sale  of  the  said  premises  in  one 
parcel  will  be  most  beneficial  to  the  parties,  then  that  he 
report  his  reasons  for  such  opinion,  and  that  he  report  there- 
on to  this  court  with  all  convenient  speed  :  I,  the  subscriber, 
duly  appointed  said  referee,  do  respectfully  certify  and  re- 
port, that  I  have  computed  the  amount  due  to  the  plaintiff 
in  this  action  as  aforesaid,  and  that  the  amount  so  due  on 
the  said  bond  and  mortgage,  for  the  principal  and  interest, 
up  to  and  including  the  date  of  this  report,  is  the  sum  of 
one  thousand  two  hundred  and  eighty  one  dollars,  and  ninety 
two  cents. 

And  I  do  further  certify  and  report,  that  the  schedule 
hereto  annexed,  marked  A,  and  making  a  part  of  this  my 
report,  contains  a  statement  and  account  of  the  principal 
and  interest  moneys  due  to  the  plaintiff  as  aforesaid,  the 
period  of  the  computation  of  the  interest,  and  its  rate,  and 
to  which,  for  greater  certainty,  I  refer. 

And  I  do  further  certify  and  report,  that  I  have  computed 
and  ascertained  the  amount  secured  to  be  paid  by  said  bond 
and  mortgage,  and  which  remains  unpaid,  including  interest 
thereon  to  the  date  of  this  my  report,,  and  the  same  is  the 
sum  of  two  thousand  five  hundred  sixty-three  dollars  and 
eighty-four  cents. 

Schedule  marked  B,  to  this  my  report  annexed,  and  form- 
ing a  part  thereof,  contains  a  statement  of  the  said  principal 
and  interest  moneys  respectively,  the  period  of  the  compu- 
tation of  the  interest  and  its  rate,  and  to  which,  for  greater 
certajnty,  I  refer.* 

And  I  do  further  certify  and  report,  that  I  have  ascer- 
*^ained  the  situation  of  said  mortgaged  premises,  and  am  of 


220  PRACTICAL    FORMS. 

opinion  the  same   cannot  be   sold  in  parcels  without  injury 
to  the  interests  of  the  parties,  for  the  reason  that  the  mort- 
gaged premises  consist  of  a  house  and   lot  in  the  city  of 
Albany,  which  cannot  well  be  divided. 
All  of  which  is  respectfully  submitted. 

Dated  April  10,  1852. 

A.  B.,  Sole  Referee. 


[  No.  386.  ] 

Schedule  marked  A,  referred  to  in  the  'preceding  report. 

One  bond  dated  April  1,  1848,  in  the  penal  sum  of 
,000,  conditioned  to  pay  $2,000  as  follows,  viz  :  $1,000 
in  one  year  from  date  with  interest,  and  $1,000  in  five  years 
from  date  with  interest,  which  bond  is  ^accompanied  by  a 
mortgage  of  the  same  date. 

Principal  sum  due, $1,000  00 

Interest  thereon  from  April  1,  1848,  to  April 
10,  1852,  being  four  years  and  ten  days,  at  seven 
per  cent,  per  annum,  is 281  92 

Amount  due  plaintiff  this  April  10,  1852, .$1,281  92 

A.  B.,  Sole  Referee. 


[  No.  387.  J 

Schedule  marked  B,  referred  to  in  the  preceding  report. 

Same  bond  and  mortgage  mentioned  in  Schedule  A. 

Principal  sum  secured  and  unpaid, $2,000  00 

Interest  thereon  from  the  first  day  of  April, 
1848,  to  the  tenth  day  of  April,  1852,  being  four 
years  and  ten  days,  at  seven  per  cent,  per  annum, 
is 563  84 

Whole  amount  secured  and  unpaid,  including 

interest  thereon  to  this  day,  is $2,563  84 

Dated  April  10,  1852. 

A.  B.,  Sole  Referee. 


PRACTICAL  FORMS.  221 

[  No.  388.  J 

Report  oj  amount  due  in  foreclosure — part  not  due — absent  or 
infant  difendant — may  be  sold  in  parcels. 

(As  in  the  last  form  to  the  *,  then)  And  I  do  further  cer- 
tify and  report,  that  I  have  taken  proof  of  the  facts  and 
circumstances  stated  in  said  phunlilf's  complaint,  and  iiave 
examined  the  said  plaintiff  on  oath  as  to  any  payments 
which  may  have  been  made  to  him  or  to  any  person  for  his 
use,  on  account  of  the  demand  mentioned  in  said  complaint, 
and  which  ought  to  be  credited  thereon,  and  such  proofs 
except  those  which  are  documentary,  and  such  examina- 
tions, are  to  this  my  report  annexed,  and  I  am  of  opinion 
that  the  facts  and  circumstances  stated  in  said  complaint 
are  true. 

And  I  do  further  certify  and  report,  that  I  have  ascertain- 
ed the  situation  of  said  mortgaged  premises,  and  am  of 
opinion  the  same  can  be  sold  in  parcels  without  injury  to 
the  interests  of  the  parties,  for  the  reason  that  the  mort- 
gaged premises  consist  of  five  lots  in  the  seventh  ward  of 
the  city  of  Albany,  and  the  same  can  well  and  advanta- 
geously be  sold  separately.  All  of  which  is  respectfully 
submitted. 

Dated  Albany,  April  10,  1852. 

A.  B.,  Sole  Referee. 


[  No.  389.  J 

Report  in  action  to  dissolve  marriage  because  of  adultery. 

(Title  of  action.) 

To  the  supreme  court  of  the  state  of  New  York  : 
In  pursuance  of  an  order  of  this  court  made  in  the  above 
action,  and  dated  the  twenty-fifth  day  of  February,  1852, 
by  which  it  was  referred  to  me  as  sole  referee  to  take  proof 
of  all  the  facts  charged  in  the  plaintiff's  complaint  in  this 
action,  and    to   report   such   proof  to   this  court   with   my 


222  PRACTICAL  FORMS. 

opinion  thereon  :  I,  the  subscriber,  referee  as  aforesaid,  to 
whom  the  execution  of  said  order  was  confided,  do  hereby 
certify  and  report  : 

That  I  have  taken  proofs  in  this  action  on  the  part  of  the 
plaintiff,  (and  defendant)  and  that  such  proofs  are  hereto 
subjoined  and  make  a  part  of  this  my  report. 

And  I  do  further  certify  and  report  as  required  by  the 
said  order,  that  in  my  opinion  all  the  material  facts  charged 
in  the  plaintiff's  complaint  in  this  action  are  true,  and  have 
been  sufficiently  proved  before  me,  and  that  the  said  de- 
fendant has  committed  the  several  acts  of  adultery  charged 
in  the  said  complaint.  All  of  which  is  respectfully  sub- 
mitted. 

Albany,  March  31,  1852. 

A.  B.,  Sole  Referee. 


[  No.  390.  J 

Depositions  annexed  to  report. 
(Title  of  action.) 

Depositions  taken  this   25th  day  of  March,  1852,  in  the 

above   action,  on   the   part  and  behalf  of  the  plaintiff 

(and  defendant)  before  A.  B  ,  sole  referee  herein. 

Mr.  C.  D.  appears  as  counsel  for  the   plaintiff;  no   one 

appearing  for  the  defendant;  (or  Mr.  E.  F.   appearing  as 

counsel  for  the  defendant.) 

A.  H.,  a  witness  produced  for  the  plaintiff,  was  duly 
sworn,  and  on  being  orally  examined  by  the  counsel  for  the 
plaintiff,  deposeth  as  follows  :  1  am  tw^enty-four  years  of 
age  and  upwards,  and  reside  in  the  city  of  Buffalo.  I  am 
acquainted  with  both  the  parties  in  this  action.  (Set  out 
the  evidence  at  length.) 

(And  the  said  A.  H.  being  cross  examined  by  the  counsel 
for  the  defendant,  testified  as  follows  :)  (Set  out  cross-ex- 
amination in  full.) 

A.  H. 
Subscribed  and  sworn  to  this  25th  day  } 
of  March,  1852,  before  me,  ^ 

A.  B.,  Referee. 


PRACTICAL  FORMS.  2)^3 

[  No.  391.  ] 

Report — that  a  partition  can  be  made. 

(Title  of  action.) 

To  the  supreme  court  of  the  State  of  New  York  : 

In  j)ursuance  of  an  order  of  this  court  made  in  the  above 
action,  on  the  sixteenth  day  of  January,  1852,  by  which  it 
was  referred  to  me,  to  take  proof  of  the  plaintiff's  title  and 
interest  in  and  to  the  premises  in  the  plaintiff's  complaint 
mentioned,  and  of  the  several  matters  set  forth  in  the 
said  complaint,  ami  to  ascertain  and  report  what  share 
or  part  of  the  said  premises  belongs  to  each  of  the  parties  to 
this  action,  so  far  as  the  same  could  be  ascertained,  and  the 
nature  and  extent  of  their  respective  rights  therein,  and  an 
abstract  of  the  conveyances  by  which  the  same  are  held  ; 
and  also  to  inquire  and  report  whether  the  said  premises, 
or  any  lot  or  separate  parcel  thereof  are  so  circumstanced 
that  an  actual  partition  thereof  cannot  be  made,  *  I,  the  sub- 
scriber, referee,  as  aforesaid,  do  report: 

That  having  been  attended  by  the  attorneys  for  the  several 
parties  who  appeared  in  this  action,  I  proceeded  to  a  hear- 
ing of  the  matters  so  referred. 

I  further  report,  that  on  such  hearing  I  took  proof  of  the 
facts  stated  in  the  complaint,  and  find  that  the  material  facts 
set  forth  are  true. 

And  I  further  certify  and  report,  that  the  following  is  an 
abstract  of  the  conveyances,  by  which  the  premises  describ- 
ed in  the  complaint  are  held,  that  is  to  say  : 

J.  B.,  and  A.,  his  wife, 

to 

L.  M. 

Warrantee  deed,  dated  July  12,  1815.  Consideration, 
$1,000.  Duly  acknowledged  and  recorded,  July  16,  1815, 
in- the  clerk's  office  of  Albany  county,  in  book  W.  W.  of 
Deeds,  page  605,  &c.,  contains  the  same  premises  set  forth 
in  the  complaint  in  this  action. 

L.  M.  the  father  of  the  plaintiff,  died  on  or  about  the  12th 
day  of  March,  1845,  and  by  his  will  gave  a  life  estate  in  all 


224  PRACTICAL  FORMS. 

his  real  estate,  to  his  wife  M.  the  mother  of  the  said  A.  M., 
and  at  her  death  to  be  equally  divided  among  all  the  chil- 
dren of  the  said  testator,  share  and  share  alike.  Said  last 
will  and  testament  was  proved  and  recorded  as  a  will  of 
real  estate,  on  the  sixteenth  day  of  April,  1845,  in  the  office 
of  the  surrogate  of  the  county  of  Albany. 

The  said  M.,  wife  of  the  said  testator,  died  on  or  about 
the  first  day  of  December,  1851,  leaving  her  surviving  as 
the  children  and  heirs  at  law  of  the  said  testator,  the  fol- 
lowing, to  wit :  A.  and  13.,  sons  of  L.  M.  deceased,  and 
N.,  wife  of  0.  M.,  daughter  of  the  said  L.  and  M.,  and  C. 
and  D.,  sons  of  E.,  deceased,  and  grand  children  of  the  said 
L.  M.  and  S.,  widow  of  the  said  E.,  deceased. 

The  legal  estate  and  interest  of  the  parties  in  the  premi- 
ses are  as  follows  : 

The  plaintiff  A.  ana  the  defendant  B.  are  each  entitled 
to  one  undivided  fourth  part  thereof. 

The  defendants,  0.  M.  and  C.  his  wife,  are  entitled  to  one 
undivided  fourth  part  thereof  in  right  of  the  said  C. 

The  defendant  S.,  as  widow  of  the  said  E.,  deceased,  is 
entitled  to  a  dowser  right  in  one  undivided  fourth  thereof, 
and  the  said  C.  and  D.  are  each  entitled  to  one  undivided 
eighth  part,  subject,  however,  to  the  dower  of  S.,  their  said 
mother. 

The  estate  is  in  the  parties  in  fee,  subject  to  the  marital 
and  dower  interests  as  appear  above. 

I  further  report,  that  the  premises  described  in  the  com- 
plaint are  so  circumstanced,  that  in  my  opinion  a  partition 
thereof  can  be  made  without  material  injury  to  the  rights 
or  interest  of  the  several  owners  thereof  j  and  that  a  par- 
tition of  such  premises  would  be  more  advantageous  to  such 
owners  than  a  sale  thereof. 

All  which  is  respectfully  submitted. 

March  10,  1852. 

A.  B.,  Sole  Referee. 


PRACTICAL  FORMS.  225 

[  No.  392.  J 

Report — that  sale  is  necessary  in  partition. 

(As  in  the  last  form  to  the  *,  then)  and  if  the  said  referee 
should  arrive  at  the  conclusion  that  a  sale  of  the  whole  of 
the  said  premises,  or  any  lot  or  separate  parcel  thereof  will 
be  necessary,  that  he  specify  the  same  in  his  report,  together 
with  the  reasons,  rendering  a  sale  necessary;  and  in  such  a 
case,  that  he  also  ascertain  and  report  whether  any  person 
not  a  party  to  this  action,  has  a  specific  lien  on  the  undivided 
share  or  interest  of  any  of  the  parties  in  that  portion  of  the 
premises  which  it  is  necessary  to  sell  ;  and  that  he  further 
inquire  and  report  whether  the  undivided  share  or  interest 
of  any  of  the  parties  in  the  premises  is  subject  to  any  gen- 
eral lien  or  incumbrance,  by  judgment  or  decree  ;  and  that 
he  ascertain  and  report  the  amount  due  to  any  person  which 
is  either  a  specific  or  general  lien  or  incumbrance  upon  all 
or  any  of  the  shares  or  interests  of  the  parties  in  the  premises 
to  be  sold,  and  which  would  remain  as  an  incumbrance 
thereon  in  the  hands  of  the  purchaser  :  I,  the  subscriber, 
referee,  as  aforesaid,  do  respectfully  report  : 

That  having  been  attended  by  the  attorneys  for  the  several 
parties  who  appeared  in  the  action,  I  proceeded  to  a  hearing 
of  the  matters  so  referred,  after  having  caused  a  notice  to  be 
published  as  required  by  law,  for  all  general  lien  creditors, 
by  judgment,  decree  or  otherw-ise,  on  the  undivided  share 
or  interest  of  any  of  the  parties  in  the  premises,  to  produce 
to  me  proof  of  their  respective  liens  and  incumbrances,  to- 
gether with  satisfactory  evidence  of  the  amount  due  thereon, 
and  to  specify  the  nature  of  such  incumbrances,  and  the 
dates  thereof  respectively. 

I  further  report,  that  on  such  hearing,  I  took  proof  as  to 
the  facts  stated  in  the  complaint,  and  find  the  material  facts 
therein  set  forth  are  true. 

And  I  further  certify  and  report  that  the  following  is  an 
abstract  of  tiie  conveyances  by  which  the  premises  described 
in  the  complaint  are  held,  that  is  to  say  : 

15 


226  '  PRACTICAL  FORMS. 

The  last  will  and  testament  of  W.  S.,  the  common  source 
of  title,  who  died,  seized  and  possessed  of  the  premises  in 
the  complaint  described. 

By  such  will  he  devised  unto  his  wife,B.  S.,  since  deceased, 
all  the  rents,  issues  and  profits  and  income  of  his  real  estate 
during  her  natural  life,  and  after  her  death  he  gave,  devised 
and  bequeathed  the  same  to  his  four  children,  E.,  F.,  G., 
wife  of  R.  M.,  and  H.,  each  one-fourth  part  thereof,  to  have 
and  to  hold  the  same,  unto  his  said  children  each  one-fourth 
part  thereof,  and  to  their  respective  heirs  forever.  Will 
dated  January  10,  1841,  proved  and  recorded  in  the  Albany 
county  surrogate's  office,  on  the  sixth  day  of  July,  1846. 
That  in  April,  the  said  W.  S.  died,  leaving  his  four  children 
and  his  wife,  him  surviving.  That  in  March,  1851,  the  said 
B.  S.,  widow  of  the  said  testator,  departed  this  life.  That 
F.  S.,  one  of  the  children  of  the  said  W.  S.,  has  also  departed 
this  life,  leaving  him  surviving  his  widow,  M.  S.,  and  two 
children,  to  w'it :  P.  S.  and  R.  S. 

And  I  do  further  certify  and  report,  that  the  legal  estate 
and  interest  of  the  parties  in  the  premises  are  as  follows : 
The  plaintiff,  E.  S.,  is  entitled  to  one  undivided  fourth  part. 
The  defendant,  R.  M.,  and  G.  M.  his  wife,  in  right  of  the 
said  G.,  are  entitled  to  one  undivided  fourth  part. 

The  defendant,  H.,  is  entitled  to  one  undivided  fourth  part. 
The  defendant,   M.  S.,  w'idow  of  the  said  F.  S.  deceased, 
is  entitled  to  dower  in  the  one-fourth  part  of  which  he  died 
seized. 

The  defendants  P.  S.  and  R.  S.,  children  of  said  F.  S., 
deceased,  are  each  entitled  to  one-eighth  part,  subject  to  the 
dower  of  the  said  M.  S.,  their  mother. 

The  estate  is  in  the  parties  in  fee,  subject  to  the  marital 
interests  therein,  and  the  dower  interests  which  appear 
above. 

And  I  do  further  certify  and  report,  that  the  premises 
described  in  the  complaint  in  this  action,  are  so  circum- 
stanced that  in  my  opinion,  u  jiarlition  thereof  cannot  be 
made  without  great  injury  and  prejudice  to  the  owners 
thereof.      The    premises  consist   of    three    city   lots,   and 


PRACTICAL  FORMS.  227 

to  lessen  their  present  size  would  render  them  valueless. 
These  facts  in  connection  with  the  number  of  the  owners 
and  persons  interested,  render  a  partition  dilhcult  and  im- 
practicable. 

I  do  further  certify  and  report,  that  I  have  caused  the  ne- 
cessary searches  to  be  made,  and  I  find  two  creditors,  not  a 
party  to  this  action,  and  no  more,  have  any  specific  lien  by 
mortgage,  devise  or  otherwise,  upon  the  undivided  share  or 
interest  of  any  of  the  parties  in  the  premises,  and  that  those 
two  creditors  are  G.  B.,  of  the  city  of  Albany,  and  S.  G.  of 
the  same  place,  as  follows: 

E.  S.  and  wife 

to 

G.  B. 

Bond  and  mortgage,  dated  April  5,  1849,  given  to  secure 
the  payment  of  the  sura  of  five  hundred  dollars,  in  two  years 
from  the  date  thereof. 

Mortgage  recorded  in  the  office  of  the  clerk  of  the  county 
of  Albany,  on  the  fifteenth  day  of  April,  1849.  That  the 
whole  of  said  mortgage,  with  interest  from  April  5,  1851,  is 
unpaid. 

Supreme  Court. 

S.  G. 

agt, 

H.  S. 

Judgment  for  $120,  obtained  and  docketed  in  Albany 
county,  September  4,  1851,  all  which  is  unpaid. 

That  there  is  no  other  general  lien  or  incumbrance  by 
judgment  or  decree  upon  the  undivided  share  or  interest  of 
either  of  the  parties  in  the  premises. 

And  I  further  report  that  no  creditor,  not  a  party  to  this 
action,  having  any  general  lien  on  any  undivided  share  or 
interest  in  the  premises,  by  judgment  or  decree,  appeared 
before  me  on  the  said  reference,  to  establish  his  claim  in 
pursuance  of  the  notice  published  by  me,  except  as  afore- 
said. 

All  of  which  is  respectfully  submitted. 

April  5,  1852.  A.  B.,  Referee. 


228  PRACTICAL  FORMS. 

[  No.  393.  ] 

Repoi'f  of  commissioners  in  partition. 

(Title  of  action.) 

To  the  supreme  court  of  the  state  of  New  York  : 

In  pursuance  of  and  in  obedience  to  a  commission  in  the 
above  entitled  action,  issued  out  of  and  under  the  seal  of 
this  coiirt,  and  directed  and  delivered  to  the  undersigned, 
commissioners  therein  named,  tested  the  twenty-fifth  day  of 
January,  1852,  which  said  commission  is  hereto  annexed  : 
We,  the  said  commissioners  do  hereby  respectfully  report 
and  return  : 

That  having  been  first  duly  sworn,  and  having  severally 
taken  the  oath  hereto  annexed,  we  have  carefully  examined 
th  premises  described  in  said  commission,  and  caused  them 
to  be  surveyed  in  our  presence,  and  have  made  partition 
thereof  between  the  said  parties,  according  to  their  respec- 
tive rights  and  interests  therein,  as  the  same  have  been 
ascertained,  declared  and  determined  by  the  said  court,  as 
we  were  by  the  said  commission  commanded,  in  manner 
following :  We  divided  the  whole  of  the  said  premises 
into  two  allotments,  which  are  designated  on  the  map  hereto 
annexed  by  the  letters  A  and  B,  each  of  which  allotments 
is  in  our  opinion,  of  equal  value,  and  that,  being  in  our 
judgment  the  most  beneficial  division,  all  circumstances 
considered,  that  could  be  made  of  such  premises.  And  that 
we  have  set  off  in  severalty  to  the  said  L.  M.  all  that 
certain  parcel  of  said  premises  designated  on  said  map  by 
the  letter  A,  and  which  is  bounded  as  follows  :  (insert  de 
scription)  as  will  more  fully  appear  by  reference  to  said 
map. 

And  we  have  also  set  off  in  severalty  to  the  said  N.  M. 
all  those  certain  pieces  or  parcels  of  said  premises  desig- 
nated on  said  map  by  the  letter  B.,  which  are  bounded  as 
follows  :  (insert  description,)  as  will  also  more  fully  appear 
by  reference  to  said  map. 

And  we  further  certify  and  report,  that  the  items  of  the 
various  expenses   attending  the  execution  of  the  said  com- 


PRACTICAL  FORMS. 


229 


mission,  including  our  fees  as  commissioners,  are  contained 
in  a  schedule  hereto  annexed  marked  C,  and  forming  a  part 
of  tliis  our  report.  And  that  for  the  better  understanding 
and  more  clear  elucidation  of  the  shape  and  situation  of  the 
said  premises,  and  of  the  manner  in  which  such  partition 
has  been  made  by  us,  we  have  caused  to  be  made  a  map 
thereof,  showing  what  parts  of  the  said  premises  have  been 
allotted  to  the  respective  parties,  which  map  forms  a  part 
of  this  our  report,  and  is  hereto  annexed,  marked  D. 

In  witness  whereof,  we  the  said   commissioners  have  set 
our  hands  to  this  our  report,  this  20th  day  of  March,  1852. 

C.  M.  ) 

H.  B.   >  Commissioners. 

L.  S.   ) 

(To  be  acknowledged  in  same  manner  as  a  deed.) 


[  No.  394.  ] 
Report  of  sale  in  partition. 
(Title  of  action.) 

To  the  supreme  court  of  the  State  of  New  York  : 

In  pursuance  of  an  order  made  in  this  court  in  the  above 
action,  and  dated  the  third  day  of  January  last,  I,  the  sub- 
scriber, referee,  duly  appointed,  to  whom  the  execution 
thereof  was  confided,  do  report : 

That  having  caused  a  notice  of  the  time  and  place  of  sale 
of  the  premises  mentioned  in  said  decretal  order,  containing 
a  brief  description  thereof,  to  be  published  once  in  each 
week  for  six  weeks  immediately  previous  to  such  sale,  in 
one  of  the  public  newspapers  printed  in  the  county  of  Al- 
bany, where  such  premises  are  situated,  and  having  also 
caused  a  copy  of  such  notice  to  be  put  up  at  three  of  the 
most  public  places  in  the  city  of  Albany,  where  the  said 
premises  are  situated  :  I  did  on  the  thirtieth  day  of  March, 
1852,  at  12  o'clock,  noon,  that  hi'ing  the  time  specified  in 
the  said  notice,  attend  at  the  rotunda  of  the  Merchants'  Ex- 
change in  said  city,  the  place  therein  mentioned,  and  expos 
ed  the  said  premises  for  sale,  at  public  auction,  to  the  highest 
bidder,  as  directed  by  said  order. 


230  PRACTICAL   FORMS. 

I  do  further  report,  that  the  several  lots  or  parcels  of  land 
so  directed  to  be  sold  as  aforesaid,  were  put  up  for  sale 
separately,  and  were  each  and  every  of  them  struck  off  to 
T.  B.,  for  the  following  sums  :  Lot  No.  1,  for  the  sum  of 
$1,000 ;  lot  No.  2,  for  the  sum  of  $2,000  ;  and  lot  No.  3,  for 
the  sum  of  $4,000 ;  those  sums  being  the  highest  sums  bid- 
den for  the  said  lots  respectively,  and  the  said  T.  B.  being 
the  highest  bidder  therefor  ;  which  several  sums  amount  in 
the  aggregate  to  $7,000. 

That  the  terms  and  conditions  of  such  sales  were  reduced  to 
writing,  and  made  known  to  the  persons  attending  such  sale, 
previous  to  putting  up  the  said  lots,  and  were  as  follows  :  the 
purchaser  or  purchasers  of  each  lot  or  separate  parcel,  were 
to  pay  ten  per  cent  of  the  purchase  money  down,  on  the,  day 
of  sale,  and  the  residue  when  the  sale  should  be  confirmed, 
and  the  deed  delivered.  And  that  the  said  T.  B.  has  signed 
the  written  conditions  of  sale  above  mentioned,  together 
with  an  acknowledgment  that  he  has  purchased  the  premises 
upon  those  terms,  and  he  has  paid  to  me  the  amount  required 
to  be  paid  down. 

All  of  which  is  respectfully  submitted. 

April  2,  1852. 

A.  B.,  Referee. 


[  No.  395.  ] 

Final  report  after  sale  in  partition. 

(Title  of  action.) 

To  the  Supreme  Court  of  the  State  of  New  York  : 

In  pursuance  of  an  order  of  this  court,  made  the  twentieth 
day  of  January,  1852, 1  the  subscriber,  do  respectfully  report : 

That  in  obedience  to  the  said  order,  I  have  executed,  ac- 
knowledged, and  delivered  to  L.  B.,  the  purchaser  of  the 
premises  directed  to  be  sold  by  me,  a  deed  of  such  premises, 
on  receiving  from  him  the  sum  of  $4,940,  the  price  or  sum 
for  which  the  said  premises  were  sold  to  him,  as  mentioned 
in  my  former  report  of  such  sale,  made  in  pursuance  of  said 
order,  and  bearing  date  the  tenth  day  of  March  last  past; 


PRACTICAL  FORMS.  231 

and  upon  his  complying  with  all  the  conditions  upon  which 
the  said  deed  was  to  be  delivered. 

And  I  further  report  that  I  have  paid  to  the  attorney  for 
the  plaintiff  in  this  action,  the  sura  of  ^60,  for  the  costs  of 
the  plaintiff  as  taxed,  in  this  action,  and  have  taken  a  re- 
ceipt therefor,  which  is  hereto  annexed  ;  that  I  have  paid 
M.  S.,  the  guardian  ad  litem  of  the  infant  defendants,  the 
sum  of  $15,  being  the  amount  of  his  costs,  as  taxed,  and 
have  taken  his  receipt  therefor,  which  is  hereto  annexed  ; 
that  I  have  retained  in  my  hands  the  sum  of  .§50,  being  the 
amount  of  my  fees,  commissions  and  disbursements  on  said 
sale ;  that  I  have  paid  to  the  collector  of  the  town  of  Wa- 
tervliet  the  sum  of  $15,  for  taxes  upon  the  said  premises  ; 
that  I  have  paid  the  defendant,  M.  C,  the  sum  of  $500, 
being  the  amount  reported  due  to  him  upon  his  mortgage  on 
the  said  premises,  and  that  I  have  paid  to  C.  M.,  $150,  due 
on  his  judgment  against  the  plaintiff  in  this  action. 

And  I  further  report  that  the  residue  of  the  net  proceeds 
of  the  sale  of  the  said  premises,  I  have  divided  and  distri- 
buted as  follows  :  to  the  plaintiff  the  sum  of  $1,050,  which 
with  judgment  docketed  against  him  and  paid  as  above,  is 
his  share  of  the  distributive  proceeds  ;  to  the  defendant,  R. 
M.,  the  sum  of  $700,  which,  with  the  amount  paid  to  satisfy 
the  said  bond  and  mortgage,  is  his  share  of  the  distributive 
proceeds  ;  and  to  the  defendant,  R.  C.  and  wife,  the  sum  of 
$1200,  being  their  share  of  the  said  proceeds,  in  right  of  the 
said  wife  ;  and  the  remaining  share  of  S1200  belonging  to 
the  infant  defendants,  subject  to  the  dower  interest  of  their 
mother,  (she  declining  to  receive  a  gross  sum  in  satisfac- 
tion thereof,)  I  have  now  brought  into  court  that  the  same 
may  be  invested  for  their  benefit.  And  that  I  have  taken 
from  the  plaintiff  and  such  defendants  as  have  received  their 
shares,  their  respective  receipts  for  the  several  amounts 
paid  to  them  as  aforesaid. 

And  I  further  report  that  I  have  let  the  said  L.  B.  into  the 
possession  of  the  premises  so  purchased  by  him. 

All  which  is  respectfully  submitted. 

April  10,  1852.  A.  B.,  Sole  Referee. 


232  PRACTICAL   FORMS. 

[  No.  396.  J 

Return  to  process  of  not  found. 

The  within  defendant  is  not  found  in  my  bailiwick. 

S.  B.,  Sheriff. 


[  No.  397.  ] 

Return  to  execution  against  the  person,  paid  or  settled. 

Satisfied. 

W.  B.,  Sheriff. 

or  : 
Within  defendant   discharged  by  the  plaintiff  from  this 

execution. 

W.  B.,  Sheriff. 


[  No.  398.  ] 

Return  to  execution  of  no  property . 
The  within  named  defendant  has  no   goods   or  chattels, 
lands  or  tenements,  in  my  bailiwick,  whereof  I  can  cause  to 
be  made  the  damages  (or  debt  and  damages)  within  men- 
tioned, or  any  part  thereof,  according  to   the   exigency   of 

this  writ. 

W.  B.,  Sheriff, 

By  R.  H.  B.,  Deputy. 


[  No.  399.  ] 

Return  to  execution  when  collected. 
By  virtue  of  this  writ  to  me  directed,  I  have  caused  to  be 
made  of  the  goods  and  chattels,  lands  and  tenements,  of  the 
within    John   Doe,     the    damages    (or  debt    and    damages) 

within  mentioned. 

W.  B.,  Sheriff. 

or  : 

"  Satisfied." 

W.  B.,  Sheriff. 


PRACTICAL  FORMS.  233 

[  No.  400.  ] 

Return  to  execution  where  property  remains  unsold  for  want  of 

buyers. 

By  virtue  of  this  writ  to  me  directed,  I  have  taken  goods 
and  chattels  of  the  within  named  John  Doe,  to  the  value  (or 
of  part)  of  the  damages  (or  debt  and  damages)  within  men- 
tioned, which  goods  and  chattels  remain  in  my  hands  unsold 
for  want  of  buyers  ;  therefore  I  cannot  have  that  money  at 
the  day  and  place  within  contained,  as  I  am  v."  ...  tom- 
manded. 

W.  B.,  Sheriff. 
or  : 

Goods  taken,  but  unsold  for  want  of  buyers. 

W.  B.,  Sheriff. 


[  No.  401.  ] 

Return  to  process  of  cepi  corpus. 

I  have  taken  the  within  named  defendant,  whose  body  I 
have  ready  at  the  day  and  place  within  contained,  as  within 
I  am  commanded. 

W.  B.,  Sheriff. 


[  No.  402.   ] 

Return  of  service  of  summons. 

I,  W.  B.,  sheriff  of  the  city  and  county  of  Albany,  certify 
that  on  the  lOth  day  of  March,  1852,  at  the  city  of  Albany, 
I  served  the  within  summons  by  delivering  a  copy  thereof 
to  L.  B.  the  within  defendant,  personally,  (together  with  a 
copy  of  the  complaint  therein  mentioned)  of  which  the 
within  is  a  copy. 

W.  B.,  Sheriff. 


234  PRACTICAL  FORMS. 

[   No.  403.   J 

Return  of  arrest, 

I   have   taken   and  arrested  the    said   John  Doe,  within 
named,  as  I  am  by  the  writ  within  commanded. 

W.  B.,  Sheriff. 


[  No.  404.  ] 

Return  of  arrest  and  imprisonment  for  want  of  hail. 

I  have  taken  the  within  named  J.  C,  who  remains  im- 
prisoned in  the  common  jail  of  Albany  county,  in  my  custody 

for  want  of  bail. 

W.  B.,  Sheriff. 


[  No.  405.  J 

Return  of  arrest  and  rescue. 

By  virtue  of  this  writ  to  me  directed,  I  took  and  arrested 
the  within  named  L.  M.,  according  to  the  exigency  of  the 
said  writ,  and  safely  kept  him  in  my  custody  until  divers 
persons,  to  me  unknown,  on  the  fifth  day  of  April,  1852,  at 
Troy,  with  force  and  arms  assaulted  and  ill  treated  me,  and 
L.  M.,  out  of  my  custody,  then  and  there  rescued,  and  the 
said  L.  M.  then  and  there  rescued  himself  and  escaped  out 
of  my  custody,  against  the  peace  of  the  people  of  the  State 
of  New  York ;  and  afterwards  the  said  L.  M.  is  not  found 
in  my  bailiwick. 

W.  B.,  Sheriff. 


[  No.  406.  ] 

Return  of  no  goods  of  testator  in  action  against  executor. 

The  within  named  A.  B.  has  no  goods  or  chattels  which 
were  of  the  within  named  C.  D.,  deceased,  at  the  time  of  his 
death,  in    his   hands  to  be  administered  in  my  bailiwick, 


PRACTICAL  FORMS.  235 

whereof  I  can  cause  the  damage  within  mentioned  or  any 
part  thereof;  (and  he  has  not  any  of  his  own  proper  goods 
or  chattels  in  my  bailiwick,  whereof  I  can  cause  to  be  made 
the  within  mentioned  sum  of  sixty  dollars,  parcel  of  the 
sum  of  five  hundred  dollars  or  any  part  thereof,  according 
to  the  exigency  of  the  writ.) 

W.  B.,  Sheriff, 

By  R.  H.  B.,  Deputy. 


f  No.  407.  J 

Return  of  goods  taken  or  replevied. 

By  virtue  of  the  within  order,  I  have  duly  taken  and 
delivered  to  the  plaintiff,  within  named,  *  the  goods  and 
chattels  within  specified  as  I  am  within  commanded. 

W.  B.,  Sheriff, 

By  R.  B.,  Deputy. 


[  No.  408.  ] 

Return  where  only  part  can  be  found. 

(As  in  the  last  form  to  the  *,  then)  A  part  only  of  the 
goods  and  chattels  contained  in  the  said  order,  to  wit :  (here 
insert  the  particulars)  and  that  the  residue  thereof,  I 
could  not  find,  the  same  having  been  removed  or  concealed, 
so  as  to  make  replevin  or  delivery  thereof. 

W.  B.,  Sheriff. 


[  No.  409.  ] 

Return  wJiere  none  of  the  goods  can  he  found. 

I  do  certify  and  return  to  the  within  order  that  no  part  of 
the  goods  and  chattels  therein  mentioned,  could  be  found 
by  me  so  as  to  make  delivery  thereof,  as  I  am  within  com- 
manded. 

W.  B.,  Sheriff. 


236  PRACTICAL   FORMS. 

[  No.  410.  ] 

Return  ichere  defendant  gives  security  and  keeps  the  goods. 

I  do  certify  and  return  that  I  took  the  within  specified 
goods  and  chattels  in  order  to  make  delivery  thereof  to  the 
plaintilT  within  named,  but  before  such  delivery  was  made, 
the  defendant  in  the  within  entitled  action,  required  a  re- 
turn thereof  to  him,  and  gave  a  written  undertaking,  exe- 
cuted by  two  sureties,  of  which  the  annexed  is  a  copy. 

W.  B.,  Sheriff. 


[  No.  411.  J       • 

Return  to  a  writ  of  habeas  corpus. 

I  do  hereby  return  to  the  justices  of  the  supreme  court, 
(or  the  Hon.  Ira  Harris,  one  of  the  justices  of  the  supreme 
court,)  that  before  the  coming  to  me  of  the  within  writ  the 
said  E.  F.  was  committed  to  my  custody,  (or  was  arrested 
by  me)  and  is  detained  by  virtue  of  another  writ  to  me 
directed,  a  copy  of  which  annexed  I  transmit  to  you. 
Nevertheless,  I  have  the  body  of  the  said  E.  F.  before  you 
at  the  day  and  place  within  mentioned,  as  I  am  within  com- 
manded. 

W.  B.,  Sheriff. 


[  No.  412.  J 

Return  to  a  writ  giving  possession. 

By  virtue  of  the  within  writ  to  me  directed  on  the  first 
day  of  March,  1852,  I  have  caused  the  within  named  A.  B. 
to  have  possession  of  the  premises  within  described,  for  his 
term  within  written,  with  the  appurtenances  as  in  all  things 
by  the  said  writ  I  am  commanded. 

W.  B.,  Sheriff. 


PRACTICAL   FORMS.  237 

[    No.  413.    J 

Return  of  warrant  under  proceedinrrs  for  the  collection  of  demands 
against  ships  and  vessels. 

In  obedience  to  the  within  warriint,  I  do  certify,  and  re- 
turn to  lion.  Ira  Harris,  one  of  the  justices  of  the  supreme 
court,  (or  to  Hon.  A.  D.  Robinson,  Albanycounty  judge,)  that 
I  have  attached  and  seized  the  vessel  therein  named,  to- 
gether with  lier  tackle,  apparel  and  furniture,  and  she  is  now 
and  ever  since  hath  been  safely  kept  by  me,  as  I  am  within 
commanded. 

W.  B.,  Sheriff. 

A  just  and  true  inventory  made  and  signed  by  mc  of  all 
the  property  seized  by  virtue  of  the  annexed  warrant,  that 
is  to  say  :  One  sloop,  called,  &c.,  (here  set  forth  the  appa- 
rel and  furniture.) 

W.  B.,  Sheritf. 


[  No.  414.  ] 

Returns  to  writs  of  ne~exeat. 

Where  defendant  has  been  arrested  and  has  given  security. — I 
certify  and  return,  that  Thave  caused  the  within  named  C. 
D.,  personally  to  come  before  me,  and  he  hath  found  bail  in 
the  sum  of  one  thousand  dollars,  according  to  the  command 
of  the  within  writ. 

W.  B.,  Sheriff. 

Where  defendant  is  not  to  he  found. — I  certify  that  the  within 
named  C.  D.  is  not  to  be  found  in  my  bailiwick. 

W.  B.,  Sheriff. 

Where  defendant  has  been  arrested  and  committed  for  want  of 
bail. — I   certify  that   I  have  caused  the  within  named  C.  D. 
personally  to  come  before  me,  and  he  having  refused  to  give 
the  bail  or  security  mentioned,  I  have  his  body  in  the  com- 
mon jail  of  the  county  of  Albany  under  my  custody. 

W.  B.,  Sheriff. 


238  PRACTICAL  FORMS 

[  No.  415.J 
Return  of  service  of  suhpcena. 

I  certify  that  on  the  first  day  of  March  inst.,  at  Albany,  I 
subpoenaed  the  within  named  C.  D.  as  I  am  within  com- 
manded, by  showing  to  him  the  within  subpoena,  and  at  the 
same  time  and  place  giving  to  him  a  copy  of  the  said  sub- 
poena, (or  a  subpoena  ticket  containing  all  the  facts  set  forth 
in  the  said  subpoena,)  and  at  the  same  time  I  paid  (or  ten- 
dered in  cash)  to  him  four  dollars  and  fifty  cents. 

Albany,  March  3,  1852. 

W.  B.,  Sheriff, 

By  R.  H.  B.,  Deputy. 


[  No.  416.  ] 

Return  to  attachment. 

I  hereby  certify  and  return,  that  by  virtue  of  the  within 
attachment  I  have  seized,  taken  into  my  possession  and 
attached  the  property  of  the  defendants  within  named,  spe- 
cified in  the  inventory  hereto  annexed,  and  appraised  the 
property  therein  specified  at  the  sums  mentioned  in  the 
annexed  inventory.     Albany,  April  10,  1852. 

W.  B.,  Sheriff. 
(Annex  inventory  and  appraisal.) 


[  No.  417.  j 
Satisfaction  of  judgment. 

I,  A.  B.,  acknowledge  satisfaction  of  a  judgment  recover- 
ed against  C.  D.,  in  the  supreme  court,  between  A.  B., 
plaintiff,  and  C.  D.,  defendant,  for  five  hundred  and  twenty- 
five  dollars  and  forty-three  cents,  damages  and  costs. 

Judgment  roll  (record)  filed  and  docketed  the  tenth  day 
of  June,  1850,  in  the  clerk's  office  of  the  city  and  county  of 
Albany.     Dated  the  tenth  day  of  February,  1852. 

A.  B. 


PRACTICAL   FOllMS.  239 


Albany  City  and  County,  ss  :  Sub- 
scribed and  acknowledged  before 
me,  this  11th  day  of  February, 
1852,  by  A.  B.,  personally  known 
to  me  to  be  the  person  described 
in  and  who  executed  the  above. 

E.  F.,  Commissioner  of  Deeds. 


[  No.  418.  ] 

Sheriff's  receipt  on  receiving  execution. 

(Title  of  action.) 

Received  of  the  plaintiff's  attorney,  the  execution  in  this 
action,  endorsed  to  "  Levy  ^201.62,  with  interest  from  the 
ninth  day  of  July,  1852,  and  return  this  execution  within 
sixty  days  after  its  receipt  by  you  to  the  Albany  county 
clerk's  office."     Albany,  July  20,  1852. 

W.  B.,  Sheriff, 

By  R.  H.  B.,  Deputy. 


[  No.  419.  ] 

Sheriff's  receipt  for  moneys  received  from  a  person  indebted  to 

the  judgment  debtor. 
Supreme  Court. 

A.  B.  ^ 

agt.    \  E.  F.,  Plaintiff's  Att'y. 
C.  D.  5 
Judgment  docketed  July  6,   1852,  for  $556.62,  in  the 
county  of  Albany,  and  execution  issued  to  the  sheriff  of  the 
city  and  county  of  Albany,  for  the  above  amount,  with  in- 
terest. 

Received  of  G.  H.,  fifty  dollars,  to  apply  on  the  above 
execution  in  pursuance  of  section  two  hundred  and  ninety- 
three  of  the  "  Code  of  Procedure"  of  this  State. 

Albany,  July  24,  1852. 

W.  B.,  Sheriff. 

By  R.  H.  B.,  Deputy. 


24Q  PRACTICAL   FORMS. 

[  No.  420.  J 

Suhpana  for  the  circuit. 

The  People  of  the  State  of  New  York,  to  A.  B.  and  C.  D., 

greeting  : 

We  command  you,  that  all  business  and  excuses  being 
laid  aside,  you  and  each  of  you  appear  and  attend  before  the 
justices  of  the  supreme  court,  or  some  or  one  of  them,  at  a 
circuit  court  to  be  held  in  the  City  Hall,  in  the  city  of  Al- 
bany, in  and  for  the  county  of  Albany,  on  the  second  day  of 
March  next,  at  ten  o'clock  in  the  forenoon,  to  testify  and 
give  evidence  in  a  certain  action  now  pending  in  the  supreme 
court,  then  and  there  to  be  tried  between  E.  F.,  plaintiff, 
and  G.  H.  defendant,  (in  a  plea  of  assumpsit,)  *  and  for  a 
failure  to  attend,  you  will  be  deemed  guilty  of  contempt  of 
court,  and  liable  to  pay  all  loss  and  damages  sustained  there- 
by to  the  party  aggrieved,  and  forfeit  fifty  dollars  in  addition 
thereto.     Witness,  Ira  Harris,  Esquire,  one  of  our  justices 
of  our  supreme  court,  the  tenth  day  of  February,  1852. 

R.  L.,  Clerk. 

J.  K.,  Attorney. 


[  No.  421.  ] 

Subpoena  ticket  for  the  circuit. 

By  virtue  of  a  writ  of  subpoena  to  you  directed  and  here- 
with shown  to  you,  you  are  commanded,  that  all  business 
and  excuses  being  laid  aside,  you  be  and  appear  in  your 
proper  person,  before  the  justices  of  the  supreme  court,  or 
some  or  one  of  them,  at  a  circuit  court,  to  be  held  in  and  for 
the  county  of  Albany,  at  the  city  hall  in  the  city  of  Albany, 
on  the  second  day  of  March  next,  at  ten  o'clock  in  the  fore- 
noon, to  testify  all  and  singular  what  you  may  know  in  a 
certain  action  now  pending  in  the  supreme  court,  then  and 
there  to  be  tried,  between  E.  F.,  plaintiff,  and  G.  H.,  de- 
fendant, (in  a  plea  of  assumpsit)  on  the  part  of  the  plaintiff, 


PRACTICAL  FORMS.  241 

(or  defendant.)     And  for   a  failure   to   attend,   you   will   be 

deemed  guilty  of  a  contempt  of  court,  and  liable  to  pay  all 

loss  and  damages  sustained  thereby  to  the  party  aggrieved, 

and  forfeit  fifty  dollars  in  addition  thereto. 

Dated  the  10th  day  of  February,  1S52. 

J.  K.,  Attorney. 
To  A.  B.  and  C.  D. 


[  No.  422.  ] 

Suhpcena  for  party  for  circuit. 

The  People  of  the  State  of  New  York  to  A.  B.,  Greeting  : 

We  command  you,  that  all   business  and  excuses  being 

laid  aside,  you  (and   each  of  you)  appear  and  attend  before 

the  justices  of  the  supreme  court,   or  some  or  one  of  them, 

at  a  circuit  court   to   be  held  in  the  city  hall  in  the  city  of 

Albany,  in  and  for  the  county  of  Albany,  on  the  second  day 

of  May  next,  at  ten  o'clock  in  the  forenoon,  to  be  examined 

as  a  witness,  at  the  instance  of  the  plaintitf,  (or  defendant,) 

in  a  certain  action  now  pending  in  the  supreme  court,  then 

and  there  to  be  tried  between  you  and  A.  B.,  plaintiff,  (or 

C.  D.,  defendant,)  (of  a  plea  of  assumpsit,)  and  for  a  failure 

to  attend,  you  will  be  deemed  guilty  of  a  contempt  of  court, 

and  liable  to  pay  all  loss  and  damages  sustained  thereby  to 

the    party  aggrieved,    and  forfeit  fifty   dollars    in   addition 

thereto. 

Witness,  Ira  Harris,  Esquire,  one  of  the  justices  of  our 

supreme  court,  the  tenth  day  of  April,  1852. 

R.  L.,  Clerk. 
J.  W.,  Attorney. 


[  No.  423.  J 

Subpana  ticket  for  party  for  circuit. 

By  virtue  of  a  writ  of  subpoena  to  you  directed,  and  liere- 
with  shown  to  you,  you  are  commanded,  that  all  business 
and  excuses  being  laid  aside,  you  be  and  appear  in  your 
16 


242  PRACTICAL   FORMS. 

proper  person,  before  the  justices  of  the  supreme  court,  or 
some  one  of  them,  at  a  circuit  court,  to  be  held  in  and  for 
the  county  of  Albany,  at  the  city  hall,  in  the  city  of  Albany, 
on  the  second  day  of  May  next,  at  ten  o'clock  in  the  fore- 
noon, to  be  examined  as  a  witness  at  the  instance  of  the 
plaintiff,  (or  defendant,)  in  a  certain  action  now  pending  in 
the  supreme  court,  then  and  there  to  be  tried  between  you 
and  C.  D.,  defendant,  (or  A.  B.,  plaintiff,)  (in  a  plea  of  as-" 
sumpsit,)  on  the  part  of  the  defendant  (or  plaintiff.)  And  for 
a  failure  to  attend,  you  will  be  deemed  guilty  of  a  contempt 
of  court,  and  liable  to  pay  all  loss  and  damages  sustained 
thereby  to  the  party  agrieved,  and  forfeit  fifty  dollars  in 
addition  thereto.     Dated  the  tenth  day  of  April,  1852. 

By  the  court. 

J.  W.,  Att'y  for  Plaintiff, 

(or  Defendant.) 
To  A.  B.,  Plaintiff,  (or  C.  D.,  Defendant.) 


[  No.  424.  J 

Subpoena  on  reference. 

The  People  of  the  State  of  New  York,  to  A.  B.  and  C.  D., 
greeting: 

We  command  you,  that  all  business  and  excuses  being 
laid  aside,  you  and  each  of  you  appear  and  attend  before 
Amos  Dean,  Esq.,  referee,  duly  appointed  under  rule  of 
court,  on  the  fifth  day  of  May  next,  at  ten  o'clock  in  the 
forenoon,  to  testify  and  give  evidence  in  a  certain  action 
now  pending  in  the  supreme  court,  &c.,  (to  the  end  as  in 
subpoena  for  circuit.) 


[  No.  425.  J 

Subpcena  ticket  for  reference. 

By  virtue  of  a  writ  of  subpoena,  to  you  directed  and  here- 
with shown,  you  are  commanded,  that  all  and  singular  busi- 
ness and  excuses  being  laid  aside,   you  be  in  your  proper 


PllACTICAL  FORMS.  243 

person  before  Amos  Dean,  Esq.,  referee,  duly  appointed 
under  a  rule  of  court,  on  the  fifth  day  of  May  next,  at  ten 
o'clock  in  the  forenoon,  at  his  office  in  the  city  of  Albany, 
to  testify  all  and  singular  what  you  may  know,  &c.,  (to  the 
end  as  in  subpoena  ticket  for  circuit.) 


[  No.  426.  J 

Subp(Bnafor  party  for  reference. 

The  People  of  the  State  of  New  York,  to  A.  B.,  greeting: 

We  command  you,  that  all  business  and  excuses  being 
laid  aside,  you  (and  each  of  you)  appear  and  attend  before 
Amos  Dean,  Esq.,  referee,  duly  appointed  under  a  rule  of 
court,  on  the  sixth  day  of  May  next,  at  ten  o'clock  in  the 
forenoon,  at  his  office  in  the  city  of  Albany,  to  be  examined 
as  a  witness,  &c.,  (to  the  end  as  in  subpoena  for  party  for 
circuit.) 


[  No.  427.  ] 

Subpoena  duces  tecum. 

(As  in  the  regular  subpoena  for  the  circuit  to  the  *,  then) 
and  that  you  bring  with  you  and  produce  then  and  there  a 
certain  book,  being  the  (here  describe  the  book  or  paper 
sufficiently  that  the  witness  cannot  mistake  it ;)  and  for  a 
failure,  &c.,  (to  the  end  as  in  the  usual  subpoena.) 


[  No.  428.  ] 

Subpoena  ticket,  duces  tecum. 

Insert  in  tiie  subpoena  ticket  the  '"'' duces  tecum^^  clause  in 
the  proper  place,  as  in  the  subpoena. 


244  PRACTICAL   FORMS. 

[  No.  429.  ] 

Suimnons  for  a  toitness  under  a  commission  from  another  State. 

In  pursuance  of  a  commission  issued  under  the  seal  of  the 
court  of  common  pleas  of  the  county  of  Hampden,  State  of 
Massachusetts,  dated  the  23d  day  of  January,  1852,  and  to 
me  (or  to  A.  B.,  of  the  city  of  Albany,)  directed,  I,  Ira 
Harris,  one  of  the  justices  of  our  supreme  court,  do  hereby 
summon  you,  C.  D.,  to  appear  before  me  at  my  (or  before 
the  said  A.  B.  at  his)  office,  in  the  city  of  Albany,  on  the 
tenth  day  of  February  inst.,  at  ten  o'clock  A.  M.,  of  the 
same  day,  to  testify  all  and  singular  you  may  know  in  a 
certain  cause  now  pending  in  said  court  of  common  pleas, 
between  E.  F.,  plaintiff,  and  G.  H.,  defendant. 

And  hereof  you  are  not  to  fail  at  your  peril. 

Dated  the  8th  day  of  February,  1852. 

IRA  HARRIS, 
One  of  the  justices  of  the  supreme  court. 


[  No.  430.  J 

Summons  for  a  witness  de  bene  esse. 

In  pursuance  of  the  provisions  of  title  III,  of  chapter 
VII,  of  part  III,  of  the  Revised  Statutes,  you  are  hereby 
summoned  to  appear  and  attend  before  me  at  my  office  in 
the  city  of  Albany,  on  the  fifth  day  of  May  inst.,  at  ten 
o'clock  in  the  forenoon,  to  testify  and  give  evidence  on 
behalf  of  G.  H.,  in  an  action  pending  in  the  supreme  court 
of  this  State,  wherein  the  said  G.  H.  is  plaintiff,  (or  defend- 
ant) and  B.  C.  is  defendant  (or  plaintiff.) 

And  hereof  you  are  not  to  fail  at  your  peril. 

May  3,  1852. 

IRA  HARRIS, 
One  of  the  justices  of  the  supreme  court. 


PRACTICAL   FORMS.  245 

[  No.  431.  J 

Stipulation  to  put  over  the  circuit. 
(Title  of  action.) 

It  is  hereby  stipulated  on  the  part  of  the  plaintiff  and  de- 
fendant herein,  that  the  trial  of  this  action  be  deferred  till 
the  next  September  circuit,  to  be  holden  at  the  city  hall  in 
the  city  of  Albany.     May  10,  1852. 

A.  B.,  Plaintiff's  Att'y. 
D.  C,  Defendant's  Att'y. 


[  No.  432.  ] 

Stipulation  to  refer  action. 
(Title  of  action.) 

It  is  hereby  stipulated  on  the  part  of  the  plaintiff  and  de- 
fendant herein,  that  this  action  be  referred  to  A.  B.,  Esq., 
of  the  city  of  Albany,  as  sole  referee  to  hear  and  determine 
the  same.     January  5,  1852. 

A.  M.,  Plaintiff's  Att'y. 
C.  E.,  Dafendant's  Att'y. 


[  No.  433.  j 

Summons  in  actions  for  the  payment  of  money  only. 
Supreme  Court — Albany  County  : 

To  E.  W.,  defendant :  You  are  hereby  summoned  to  an- 
swer the  complaint  of  A.  B.,  of  the  county  of  Albany,  plantiff, 
which  will  be  filed  with  the  clerk  of  Albany  county,  (or 
of  which  a  copy  is  hereto  annexed,)  and  to  serve  a  copy  of 
your  answer  on  me  at  Albany,  within  twenty  days  after  the 
service  of  this  summons,  exclusive  of  the  day  of  service  ; 
and  if  you  fail  to  answer  said  complaint,  as  hereby  required, 
the  plaintiff  will  *  take  judgment  against  you  for  five  hun- 
dred dollars,  and  interest  thereon  from  the  fifth  day  of 
January,  1852,  besides  costs. 

L.  M.,  Plaintiff's  Att'y,  Albany. 


246  PRACTICAL   FORMS. 

[  No.  434.  ] 
Sumvions  in  actions  for  relief. 

(As  in  the  last  form  to  the  *,  then)  apply  to  the  court  for 
the  relief  demanded  in  the  complaint. 

M.  L.,  Plaintiff's  Att'y,  Albany. 


[  No.  435.  J 

Summons  against  heirs,  devisees,  legatees,  Sfc. 
Supreme  Court. 

To  E.  M.  and  A.  H.,  heirs,  (devisees  or  legatees)  of  C.  D., 
deceased : 

Whereas,  M.  G.,  of  the  city  of  Albany,  obtained  a  judg- 
ment in  this  court  on  the  tenth  day  of  December,  1848,  for 
the  sum  of  six  hundred  dollars  damages  and  costs,  against 
C.  D.,  now  deceased,  in  an  action,  wherein  the  said  M.  G. 
was  plaintiff,  and  the  said  C.  D.  was  defendant,  as  appears 
by  the  record  thereof  in  the  county  of  Albany: 

Now,  therefore,  you  are  hereby  summoned  as  the  heirs, 
(devisees  or  legatees,  &c.,)  of  the  said  C.  D.,  deceased,  and 
required  to  show  cause  within  twenty  days  after  the  service 
of  this  summons,  why  the  said  judgment  should  not  be  en- 
forced against  the  estate  of  the  said  judgment  debtor,  in 
your  hands  respectively. 

B.  P.,  Att'y  for  above  named  Plaintiff, 

Albany. 


[  No.  436.  J 

Jiffidavit  to  he  annexed. 
(Title  of  action.) 

Albany  City  and  County,  ss  :  M.  G.  being  sworn,  says,  that 
on  the  tenth  day  of  December,  1848,  he  recovered  a  judg- 
ment against  C.  D.,  of  the  city  of  Albany,  now  deceased,  for 
the  sura  of  six  hundred  dollars,  damages  and  costs  in  an  ac- 


PRACTICAL  FORMS.  247 

tion,  wherein  this  deponent  was  phiintiff,  and  the  said  C  D., 
defendant,  and  that  the  said  judgment  has  not  been  satisfied, 
to  his  knowledore  or  information  and  belief,  and  that  the 
amount  due  thereon  is  the  sum  of  six  hundred  dollars,  and 
interest  thereon  from  the  tenth  day  of  December,  1848. 
Sworn,  &c.  M.  G. 


[  No.  437.  j 

Summotis  to  bring  in  joint  debtors. 

Supreme  Court — Schenectady  County. 

To  E.  M.  and  A.  H.  defendants  : 
M.  C.  of  the  city  of  Schenectady,  having  obtained  a  judg- 
ment in  this  court,  in  the  above  named  county,  on  the  six- 
teenth day  of  July  last  past,  against  one  C.  D.,  for  the  sum 
of  one  thousand  dollars  damages  and  costs,  in  an  action  in 
which  the  said  M.  C.  was  plaintiff,  and  the  said  C.  D.  and 
you  E.  M.  and  A.  H.  were  defendants  : 

Now  therefore,  you  are  hereby  summoned  and  required  to 
show  cause  within  twenty  days  after  service  of  this  sum- 
mons, why  you  and  each  of  you  should  not  be  bound  by  the 
judgment  in  the  same  manner  as  if  you  had  been  originally 
summoned  in  the  said  action. 

R.  P.,  Att'y  for  Plaintiff, 

Schenectady. 


[  No.  438.  J 

Affidavit  to  be  annexed. 

(Title  of  action.) 

Schenectady  city  and  county,  ss  :  M.  C.  of  said  city, 
being  sworn  says,  that  on  the  sixteenth  day  of  July  last 
past,  he  obtained  a  judgment  against  the  above  named 
defendant,  C.  D.  in  this  action,  for  the  sura  of  one  thousand 
dollars  damages  and  costs.  And  this  deponent  further  says, 
that  the  debt  for  the  recovery  of  which  this  action  was 
brought  and  judgment  obtained,  was  and  is  a  debt  due  to 


248  PRACTICAL  FORMS. 

this  deponent  from  the  said  C.  D.,  E.  M.  and  A.  H.,  upon 
their  joint  (and  several)  contract,  and  for  the  payment  of 
which  they  are  jointly  (and  severally)  liable  to  this  depo- 
nent, and  that  the  said  judgment  has  not  been  satisfied,  to 
his  knowledge  or  information  and  belief,  and  that  the  whole 
amount  of  said  judgment,  and  interest  thereon,  is  still  due. 
Sworn,  &c.  M.  C. 


[  No.  439.  ] 

Substitution  of  attorney,  consent  for. 

(Title  of  action.) 

I  hereby  consent  that  A.  B.,  Esq.,  of  the  city  of  Hudson, 

be  substituted  in  my  place  as  attorney  and  counsel  for  the 

above  named  defendant,  (or  plaintiff,)  in  this  action. 

Troy,  May  3,  1852. 

C.  D.,  Defendant's 

(or  Plaintiff's)  Att'y. 


[  No.  440.  ] 
Substitution  of  attorney,  notice  of. 
(Title  of  action.) 

To  M.  N.,  Esq.,  plaintiff's  (or  defendant's)  Att'y: 
Sir  :     Please  to  take  notice,  that  the  subscriber  has  been 
substituted   in   the  place  of  C.  D.,   Esq.,   as   attorney   and 
counsel  for  the  above  named  defendant,  (or  plaintiff,)  in  this 
action.     Hudson,  May  5,  1852. 


Yours,  &c. 


A.  B.,  Defendant's 
(or  Plaintiff's)  Att'y. 


[  No.  441.  ] 

Undertaking  on  injunction. 
(Title  of  action.) 

Whereas  the  above  named  plaintiff  is  desirous  that  an  in- 
junction issue  against  the  above  named  defendant,  in  an 
action  to  be  commenced  in  this  court  with  the  above  title  : 


PRACTICAL  FORMS.  249 

Now  we,  the  said  J.  M.,  merchant  of  the  city  of  Albany, 

E.  B.,  printer,  and  S.   A.,  tanner,  of  the   same  place,  do 

hereby,  pursuant  to   the  statute,  undertake  that  if  the  said 

defendant  shall  recover  judgment  in  the  said  action,  then 

the  said  plaintiff  shall  pay  him,  or  his  assigns,  all  damages 

which  the  said  defendant  may  sustain,  by  reason  of  the  said 

injunction,  not  exceeding  the  sum  of  one  thousand  dollars. 

Dated  February  14,  1852. 

J.  M.     [l.  S.J 

E.  B.     [l.  s.] 
S.  A.     [l.  s.] 
(All  undertakings  should  be  acknowledged,  and  the  sure- 
ties should  justify.) 


[  No.  442.  J 

Undertaking  on  attachment. 
(Title  of  action.) 

Whereas,  the  above  named  plaintiff  has  applied,  (or  is 
about  to  apply)  for  a  warrant  of  attachment  against  the  pro- 
perty of  the  above  named  defendant  : 

Now  therefore,  we,  A.  B.,  carpenter,  of  the  city  of  Alba- 
ny, and  C.  D.,  merchant  of  the  same  place,  undertake  that 
if  the  above  defendant  recovers  judgment  in  this  action,  the 
plaintiff  shall  pay  all  costs  that  may  be  awarded  the  said 
defendant,  and  all  damages  which  he  may  sustain. by  reason 
of  the  attachment,  not  exceeding  the  sum  of  one  thousand 
dollars. 

A.  B.     [l.  s.] 

C.  D.     [l.  s.] 


[  No.  443.  ] 

Undertaking  to  discharge  attachment. 
(Title  of  action.) 

A  warrant  of  attachment  having  been  issued  against  the 
property  of  the  defendant  herein  : 


250  PRACTICAL  FORMS. 

Now,  therefore,  we,  K.  L.,  carpenter  of  the  town  of  Wa- 
tervliet,  and  M.  N.,  and  0.  P.,  farmers  of  the  same  place, 
will  on  demand  pay  to  the  plaintiff,  the  amount  of  the  judg- 
ment that  may  be  recovered  against  the  defendant  in  this 
action,  not  exceeding  the  sum  of  two  thousand  dollars. 
(Double  the  sum  demanded  in  the  complaint.) 

K.  L.  [l.  s.] 
M.  N.  [l.  s.] 
0.  P.     [l.  S.J 


[  No.  444.  ] 
Undertaking  for  order  of  arrest. 

(Title  of  action.) 

Whereas,  the  above  named  plaintiff  has  made  applica- 
tion (or  is  about  to  apply)  for  an  order  to  arrest  the  above 
defendant  in  this  action  : 

Now  therefore,  we,  A.  B.,  tanner,  of  the  city  of  Utica,  and 
C.  D.,  merchant,  of  the  same  place,  undertake  that  if  the 
defendant  recover  judgment,  the  plaintiff  will  pay  all  costs 
that  may  be  awarded  to  the  defendant,  and  all  damages 
which  he  may  sustain  by  reason  of  the  arrest,  not  exceed- 
ing the  sum  of  one  thousand  dollars. 

A.  B. 
C.  D. 


f  No.  445.  J 

Undertaking  to  discharge  from  arrest. 

(Title  of  action.) 

The  above  named  defendant  having  been  arrested  by  W. 
B.,  sheriff  of  the  city  and  county  of  Albany,  upon  an  order 
of  arrest  granted  by  the  Hon.  Ira  Harris,  one  of  the  justices 
of  the  supreme  court  of  the  State  of  New  York,  in  a  certain 
action  commenced  in  the  above  named  court  by  the  above 
named  plaintiff,  against  the  above  named  defendant  : 


PRACTICAL  FORMS.  251 

We,  K.  L.,  merchant  of  the  city  of  Albany,  and  M.  N., 
tanner,  and  0.  P.,  carpenter,  of  the  same  place,  hereby  un- 
dertake, in  the  sum  of  two  thousand  dollars,  that  the  said 
defendant  shall  at  all  times  render  himself  amenable  to  the 
process  of  the  court  during  the  pendency  of  this  action,  and 
to  such  as  may  be  issued  to  enforce  the  judgment  therein. 

K.  L. 
M.  N. 
0.  P. 


[  No.  446.  J 

UndcrfaJcing  on  claim  of  delivery  of  personal  property  {in 

replevin.) 

(Title  of  action.) 

The  above  named  plaintiff  having  commenced  (or  being 
about  to  commence)  an  action  against  the  defendant  for  the 
recovery  of  certain  personal  property  mentioned  and  de- 
scribed in  the  affidavit  of  this  plaintiff  made  for  such  pur- 
pose, being  two  hundred  barrels  of  flour  : 

Now,  therefore,  we,  A.  B.,  merchant  of  the  city  of  Buffalo, 
and  C.  D.,  merchant  of  the  same  place,  do  hereby  acknow- 
ledge ourselves  bound  in  the  sum  of  two  thousand  dollars 
for  the  prosecution  of  this  action  and  for  the  return  of  the 
property  to  the  defendant,  if  return  thereof  be  adjudged,  and 
for  the  payment  to  him  of  such  sum  as  may,  from  any  cause, 
be  recovered  against  the  said  plaintiff.     Dated  May  5,  1852. 

A.  B. 
C.  D. 


[  No.  447.  ] 

Approval  of  sheriff  endorsed. 

I  approve  of  the  within  undertaking,  both  as  to  the  form 
and  the  sufficiency  of  the  sureties  thereof. 

W.  B.,  Sheriff. 


252  PRACTICAL    FORMS. 

[  No.  448.  J 
Undertaking  requiring  return  of  personal  property. 

(Title  of  action.) 

The  above  defendant  having  required  (or  being  about  to 
require)  the  return  to  him  of  the  personal  property,  taken 
by  the  sheriff  of  Albany  county,  in  this  action,  to  writ:  two 
hundred  barrels  of  flour  : 

Now,  therefore,  we,  G.  H.,  I.  K.  and  L.  M.,  merchants  of 
the  city  of  Albany,  do  acknowledge  ourselves  bound  in  the 
sum  of  two  tho\isand  dollars,  for  the  delivery  thereof  to  the 
plaintiff,  if  such  delivery  be  adjudged,  and  for  the  payment 
to  him  of  such  sum  as  may  for  any  cause  be  recovered 
against  the  defendant.     Albany,  May  6,  1852. 

G.  H. 

I.  K. 

L.  M. 


[  No.  449.  ] 

Undertaking  to  sheriff  on  claim  of  third  persons. 

(Title  of  action.) 

One  G.  B.  having  claimed  to  be  the  owner,  and  to  have 
the  possession  of  the  personal  property,  to  wit :  two  hun- 
dred barrels  of  flour,  taken  by  the  sheriff  of  the  county  of 
Albany,  in  this  action  : 

Now  we,  A.  B.,  C.  D.  and  E.  F.,  merchants  of  the  city  of 
Buffalo,  hereby  agree  and  undertake  to  indemnify  the  said 
sheriff  against  the  claim  of  the  said  G.  B. 
Buffalo,  May  8,  1852. 

A.  B. 
C.  D. 
E.  F. 


PRACTICAL   FORMS.  253 

[  No.  450.  J 

Undertaking  for  costs  on  appeal. 

(Title  of  action.) 

The  above  named  defendant  (or  plaintiff)  having  appealed 
to  the  court  of  appeals,  from  a  judgment  entered  in  the 
supreme  court  (or  to  the  general  term  of  the  supreme  court, 
from  a  judgment  entered  in  the  county  of  Albany  in  said 
court,)  or  (to  the  supreme  court,  from  a  judgment  entered  in 
the  county  court  of  Greene  county,)  on  the  sixth  day  of 
January,  1852,  in  favor  of  the  above  named  plaintiff  (or  de- 
fendant) against  the  above  named  defendant  (or  plaintiff )  for 
the  sum  of  two  hundred  dollars  damages  and  costs  : 

Now,  therefore,  we,  A.  B.,  C.  D.  and  E.  F.,  merchants,  of 
the  city  of  Albany,  do  undertake  that  the  said  appeallant 
will  pay  all  costs  and  damages  which  may  be  awarded 
against  him  on  the  appeal,  not  exceeding  two  hundred  and 
fifty  dollars.     Dated,  &c. 

A.  B. 

C.  D. 

E.  F. 


[  No.  451.  ] 

Undertaking  to  stay  execution  on  appeal. 

(As  in  the  last  form  to  the  close,  then  add)  And  if  the 
judgment  appealed  from,  or  any  part  thereof,  be  affirmed, 
the  appellant  will  pay  the  amount  directed  to  be  paid  by  the 
judgment,  or  the  part  of  such  amount  as  to  which  the  judg- 
ment shall  be  affirmed,  if  it  be  affirmed  only  in  part,  and  all 
damages  which  shall  be  awarded  against  the  appellant  upon 
the  appeal.     Dated,  &,c. 

A.  B. 

C.  D. 

E.  F. 


254  PRACTICAL  FORMS. 

[  No.  452.  ] 

Undertaking  on  answer'  of  title  in  justice's  court. 

Justice's  Court. — Greene  County. 

CD.) 

ads.    I  Before  M.  N.,  Justice. 
A.  B.  i 

The  above  named  defendant  having  put  in  an  answer  in 
this  action,  showing  that  the  title  to  real  property  will  come 
in  question  on  the  trial  thereof: 

Now  we,  C.  D.  and  E.  F.,  fariners,  in  the  county  of  Greene, 
undertake,  that  if  the  plaintiff  shall,  within  thirty  days  here- 
after, deposite  with  the  above  named  M.  N.,  Esq.,  justice,  a 
summons  and  complaint  in  an  action  in  the  county  court  for 
the  same  cause,  the  defendant  will,  within  ten  days  after 
such  deposit,  give  an  admission  in  writing  of  the  service 
thereof.     Dated,  May  2,  1852. 

G.  D. 
E.  F. 


[  No.  453.  ] 

Undertaking  on  answer  of  title  to  real  property  in  jiistice^s 
court —  defendant  arrested. 

(As  in  the  last  form  to  the  close,  then  add)      And  that  the 
defendant  will  at  all   times  render  himself  amenable  to  the 
process  of  the  court  during  the  pendency  of  the  action,  and 
to  such  as  may  be  issued  to  enforce  the  judgment  therein. 
Dated  May  2,  1852. 

C.  D. 
E.  F. 

Approval  endorsed. 

I  hereby  approve   of  the  within  undertaking,  both  as  to 
the  form  and  the  sufficiency  of  the  sureties  thereof, 

M.  N.,  Justice  of  the  Peace. 


PRACTICAL  FORMS.  255 

[  No.  454.  ] 

Undertaking  to  stay  executwn  on  appeal  from  judgment,  direct- 
ing the  sale  or  delivery  of  property. 

(Title  of  action.) 

The  above  named  defendant  having  appealed  from  a  judg- 
ment entered  in  the  supreme  court  on  the  sixth  day  of 
February,  1852,  directing  the  sale  (or  delivery  of  the  pos- 
session) to  the  said  plaintiff,  of  certain  real  (or  personal) 
property,  described  as  follows  :  (here  insert  the  description 
so  as  to  identify  the  property,)  and  for  the  sura  of  five  hun- 
dred dollars  for  withholding  the  possession  thereof  and  one 
hundred  dollars  costs  and  disbursements  in  this  action  : 

Now  we,  A.  B.,  C.  D.  and  E.  F.,  merchants  of  the  city  of 
Albany,  do  undertake  that  the  said  appellant  will  obey  the 
order  (of  the  general  term)  of  the  supreme  court,  (or  of  the 
court  of  appeals)  upon  the  said  appeal,  and  that  during  the 
possession  of  such  property  by  the  said  appellant,  he  will 
not  commit  or  suffer  to  be  committed  any  waste  thereon,  or 
injury  thereto,  and  that  if  the  judgment  be  affirmed,  he  will 
pay  the  value  of  the  use  and  occupation  of  the  property 
from  the  time  of  the  appeal  until  the  delivery  of  the  posses- 
sion thereof,  pursuant  to  the  judgment,  not  exceeding  the 
sum  of  twelve  hundred  dollars,  and  will  in  additioji  pay  all 
costs  and  damages  which  may  be  awarded  against  him,  on 
said  appeal,  not  exceeding  the  sum  of  two  hundred  and  fifty 

dollars.     Dated  March  8,  1852. 

A.  B. 

CD. 

E.  F. 


[  No.  455.  ] 
Undertaking  to  stay  execution  in  foreclosure. 

(Title  of  action.) 

The  above  named  defendant  having  appealed  from  a  judg- 
ment entered  in  the  supreme  court  in  Rensselaer  county,  on 
the  seventh  day  of  March,  1852,  directing  the  sale  of  certain 


25(5  *     PRACTICAL  FORMS. 

morto-ac^ed  premises  described  in  the  said  judgment,  and  for 
the  payment  by  the  said  K.  L.,  of  any  deficiency  that  may 
remain  upon  a  sale  of  said  mortgaged  premises,  and  also  the 
sum  of  fifty  dollars,  costs  and  disbursements  herein  : 

Now,  we,  K.  L.,  M.  N.  and  E.  G.  undertake,  that  during 
the  possession  of  such  property  by  the  appellant,  he  will 
not  commit,  or  suffer  to  be  committed  any  waste  thereon, 
and  that  if  the  judgment  be  affirmed,  he  will  pay  the  value 
of  the  use  and  occupation  of  the  property,  from  the  time  of 
the  appeal  until  the  delivery  of  possession  thereof,  pursuant 
to  the  judgment,  and  the  deficiency  arising  upon  the  sale,  if 
any,  that  shall  remain  after  the  application  of  the  proceeds 
of  the  sale  thereof,  pursuant  to  the  said  judgment,  not  ex- 
ceeding two  thousand  dollars,  and  that  the  said  appellant 
will  also  pay  all  costs  and  damages  which  may  be  awarded 
against  him  on  the  appeal,  not  exceeding  the  sum  of  two 

hundred  and  fifty  dollars.     Dated  March  12,  1852. 

K.  L. 

M.  N. 

E.G. 


[  No.  456.  ] 
Waiver  of  undertaking  or  deposit. 

(Title  of  action.) 

The  respondent  hereby  waives  the  necessity  of  the  appel- 
lant's giving  an  undertaking,  or  the  making  of  a  deposit 
upon  the  appeal  in  this  action.     Albany,  May  10,  1852. 

A.  R.,  Att'y  for  Respondent. 


[  No.  457.  ] 

Warrant  of  attachment. 

The  People  of  the  State  of  New  York,  to  the  Sheriflf  of 
the  city  and  county  of  Albany,  greeting  : 

Whereas,  an  application  has  been  made  to  me  for  a  war- 
rant of  attachment  against  the  property  of  E.  W.,  of  Wis- 


PRACTICAL  FORMS.  257 

consin,  a  non-resident,  (or  who  has  departed  this  State,  with 
intent  to  defraud  his  creditors,  or  to  avoid  the  service  of  a 
summons,)  (or  keeps  himself  concealed  within  this  State, 
with  intent  to  defraud  his  creditors,  or  to  avoid  the  service  of  a 
summons,)  (or  a  foreign  corporation,)  defendant  in  an  action 
this  day  commenced  in  the  supreme  court,  by  issuing  sum- 
mons, wherein  H.  C,  is  plaintiff,  which  apj)lication  is  in 
writing,  accompanied  by  an  affidavit  verifying  the  facts  and 
circumstances,  to  entitle  said  plaintiff  to  said  warrant  of  at- 
tachment, according  to  the  provisions  of  chapter  four  of  title 
seven  of  the  Code  of  Procedure.  It  appears  by  the  com- 
plaint herein  duly  verified,  (or  by  the  affidavits)  that  the 
amount  due  said  plaintiff  is  the  sum  of  two  hundred  dollars, 
and  interest  thereon  from  January  1,  1850,  besides  costs  of 
said  action. 

Now  you  are  hereby  commanded  to  attach  and  safely 
keep  all  the  property  of  said  defendant,  E.  W.,  in  your 
county,  or  so  much  thereof  as  may  be  necessary  to  satisfy 
the  plaintiff's  debt,  together  with  the  costs  and  expenses,  as 
a  security  for  the  satisfaction  of  such  judgment,  as  said 
plaintiff  may  recover  in  said  action. 

Witness  my  hand  this  fourth  day  of  May,  1852. 

IRA  HARRIS. 


[  No.  458.  j 

Warrant  to  arrest  a  judgment  debtor. 

(Title  of  action.) 

The  People  of  the  State  of  New  York,  to  the  sheriff  of  the 
county  of  Greene  : 

An  execution  having  been  issued  against  the  property  of 
the  above  named  defendant,  to  the  sheriff  of  the  proper 
county  upon  the  judgment  in  this  action,  and  returned  wholly 
(or  in  part)  unsatisfied,  and  that  the  said  defendant  has  pro- 
perty which  he  unjustly  refuses  to  apply  towards  the  satis- 
faction of  the  said  judgment ;  and  it  appearing  to  me  by  the 
affidavits  of  A.  B.  and  C.  D.  that  there  is  danger  of  the  said 
17 


258  PRACTICAL  FORMS. 

defendant's  absconding,  you  are  hereby  required  forthwith 
to  arrest  the  said  defendant,  and  bring  him  before  me  to  be 
dealt  with  according  to  law. 

Witness  my  hand,  this  fifth  day  of  May,  1852. 

A.  J.  PARKER. 


[  No.  459.  j 

Warrant  of  commitment  for  contempt. 

The  People  of  the  State  of  New  York,  to  the  sheriff  of 
the  county  of  Schenectady,  greeting  : 

Whereas,  an  order  was  duly  made  in  our  supreme  court  at 
the  city  of  Schenectady,  on  the  third  day  of  March,  1852, 
forbidding  and  restraining  (here  set  forth  the  order,)  which 
said  order  was  duly  served  on  the  said  L.  M.  Yet,  not- 
withstanding such  service,  the  said  L.  M.,  in  contempt  there- 
of, has,  as  we  have  been  informed  and  given  to  understand, 
in  our  said  court  committed,  (here  state  the  act  complained 
of,)  to  the  great  injury  of  the  said  R.  W. 

Now  you  are  hereby  commanded  forthwith  to  attach  the 
said  L.  M.,  so  that  you  may  have  his  body  forthwith  before 
our  said  court,  at  the  city  of  Schenectady,  to  answer  unto 
us  for  the  said  contempt,  and  have  you  then  there  this  writ. 

Witness,  Ira  Harris,  one  of  the  justices  of  our  supreme 
court,  this  sixth  day  of  May,  1852. 

[l.  s.]  R.  L.,  Clerk. 

A.  B.,  Plaintiff's  Att'y. 


[  No.  460.  ] 

Warrant  to  apprehend  witness  for  examination  de  bene  esse. 

To  the  sheriff  of  the  city  and  county  of  Albany  : 
You  are  hereby  commanded  forthwith  to  apprehend  and 
take  into  your  custody,  A.  B.,  so   that   you   may  bring  him 
before  me  at  my  chambers  in  the  city  of  Albany,  immediate- 


PKACTICAL  FORMS.  259 

ly,(or  on  the  tenth  inst.,  at  ten  o'clock  in  the  forenoon,)  to 
be  examined  as  a  witness  on  behalf  of  one  C.  I).,  in  an 
action  now  pending  in  the  supreme  court  of  this  State  ;  in 
which  action  said  C.  D.  is  plaintiff,  and  B.  P.  is  defendant,  (or 
in  behalf  of  C.  D.,  who  expects  to  be  a  party  in  an  action 
about  to  be  commenced,  and  in  which  action  the  said  B.  P, 
is  the  party  expected  to  be  adverse  to  the  said  C.  D.)  And 
hereof  fail  not. 

Given  under  my  hand  this  sixth  day  of  April,  1852, 

IRA  HARRIS. 


[  No.  461.  J 
Writ  of  venditioni  exponas. 

The  People  of  the  State  of  New  York,  to  the  sheriff  of 
the  city  and  county  of  Albany,  greeting  : 

Whereas,  heretofore  we  issued  our  writ  of  execution  to 
you  directed,  in  the  words  and  figures  following  :  (here  set 
out  the  execution,)  and  you  on  the  fifteenth  day  of  March, 
1852,  made  your  return  to  the  said  writ,  that  you  had  taken 
goods  and  chattels  of  the  said  M.  N.  to  the  value  of  five 
hundred  dollars,  which  said  goods  and  chattels  remained 
unsold  for  want  of  buyers  : 

Therefore  we  command  you  that  you  sell  or  cause  to  be 
sold,  the  goods  and  chattels  by  you  taken  as  aforesaid,  and 
every  part  thereof,  for  the  best  price  that  can  be  obtained 
for  the  same,  or  so  much  thereof  as  may  be  sufficient  to 
satisfy  the  said  judgment,  and  make  return  of  your  proceed- 
ings herein,  within  sixty  days  after  the  receipt  of  this  writ 

by  you.     Albany,  April  3,  1852. 

M.  R.,  Plaintiff's  Att'y. 


[  No.  462.  J 

Writ  of  habeas  corpus  to  inquire  into  the  cause  of  detention. 

The  People  of  the  State  of  New  York,  to  A.  B.,  greeting  : 

We  command  you,  that  you  have  the  body  of  C.  D.  by 

you  imprisoned  and  detained,  as  it  is  said,  together  with  the 

,     .  time   and   cause  of  such  imprisonment  and  detention,  by 


2(50  PRACTICAL  FORMS. 

"whatsoever  name  the  said  C.  D.  shall  be  called  or  charged, 
before  our  justices  of  our  supreme  court,  (or  before  Ira  Har- 
ris, one  of  the  justices  of  our  supreme  court,  or  before  A.  D., 
Albany  county  judge,  at  his  office  in  the  city  of  Albany,)  at 
the  capitol  in  the  city  of  Albany,  on  the  twenty-eighth  day 
of  July  instant,  at  ten  o'clock  in  the  forenoon,  (or  immedi- 
ately after  the  receipt  of  this  writ,)  to  do  and  to  receive 
what  shall  then  and  there  be  considered  concerning  the  said 
C.  D.     And  have  you  then  and  there  this  writ. 

Witness,  Ira  Harris,  Esquire,  one  of  the  justices  of  our 
supreme  court,  this  twenty-sixth  day  of  July,  one  thousand 
eight  hundred  and  fifty-two. 

[  L.  s.  J  R.  L.,  Clerk. 

E.  F.,  Attorney. 

Endorsed. 

Allowed  pursuant  to  law,  July  25,  1852. 

IRA  HARRIS. 


[  No.  463.  J 
Warrant  to  attach  ships  and  vessels. 

By  A.  B.,  Albany  County  Judge  : 

Whereas,  C.  D.  has  by  his  application  in  writing,  stated 
to  me,  that  (here  set  forth  the  facts  as  in  the  application,) 
and  which  application  was  verified  by  his  affidavit,  and  also 
the  facts  and  circumstances  to  establish  such  demand,  have 
been  likewise  verified  by  the  affidavits  of  E.  F.  and  G.  H., 
disinterested  witnesses,  annexed  to  such  application  : 

Therefore,  pursuant  to  the  Revised  Statutes,  the  sheriff  of 
the  city  and  county  of  Albany  is  hereby  commanded,  in  the 
.name  of  the  people  of  the  State  of  New  York,  to  attach, 
seize  and  safely  keep  such  ship  or  vessel,  her  tackle,  appa- 
rel and  furniture,  to  answer  all  such  liens  as  shall  be  estab- 
lished against  her  according  to  law,  and  to  make  return  of 
his  proceedings  and  this  warrant  to  me  within  ten  days  after 
such  seizure,  together  with  this  warrant. 

Given  under  my  hand  and  seal,  at  Albany,  this  tenth  day 

of  July,  1852. 

A.  B.,  Albany  Co.  Judge.  [  l.  s.  J 


PRACTICAL  FORMS.  261 

[  No.  464.  ] 
Application  for  attachment  against  ships  and  vessels. 

To  the  Hon.  A.  B.,  Albany  county  judge  : 
The  application  of  C.  1).  respectfully  showeth  :  That  a 
certain  debt  or  demand  is  justly  due  to  him,  for  and  on  ac- 
count of  work  done  for  and  towards  the  building  (or  repair- 
ing and  furnishing)  of  a  certain  ship  called  the  Tantivy, 
and  which  debt  or  demand  amounts,  over  and  above  all  pay- 
ments and  discounts,  to  the  sum  of  one  hundred  dollars, 
(the  items  and  particulars  whereof,  are  hereto  annexed,)  and 
was  contracted  with  the  said  C.  D.  by  one  J.  K.,  the  master 
of  said  vessel,  within  this  State.  And  your  petitioner  an- 
nexes to  this,  his  application,  the  affidavits  of  E.  F.  and  G. 
H.,  two  disinterested  witnesses,  proving  the  facts  and  cir- 
cumstances to  establish  your  petitioner's  aforesaid  demand. 
Wherefore  your  petitioner  prays  a  warrant  against  such 
vessel,  pursuant  to  title  8,  of  chapter  8,  of  part  3,  of  the 
Revised  Statutes,  entitled  "  Of  proceedings  for  the  collec- 
tion of  demands  against  ships  and  vessels." 

And  he  will  ever  pray,  &c.  C.  D. 

Affidavit  annexed. 

Albany  city  and  county,  ss  :  C.  D.,  the  above  named  pe- 
titioner being  sworn,  says  that  the  said  petition  is  true  in 
substance  and  matter  of  fact. 

Sworn,  &c.  C.  D. 

(Add  affidavits  of  one  or  more  disinterested  witnesses  as 
No.  59.) 


[  No.  465.  ] 

Sheriff^  return  with  an  inventory  annexed. 

In  obedience  to  the  within  warrant,  I  do  certify  and  re- 
turn to  the  Hon.  A.  B.,  Albany  county  judge,  that  I  have  at- 
tached and  seized  the  vessel  therein  named,  together  with 
her  tackle,  apparel  and  furniture,  and  she  is  now,  and  ever 
since  has  been  safely  kept  by  me,  as  within  I  am  commanded. 

W.  B.,  Sheriff. 


262  PRACTICAL  FORMS. 

Inventory  annexed. 

A  just  and  true  inventory  made  and  signed  by  me,  of  all 

the  property  seized  by  virtue  of  the  annexed  warrant,  that 

is  to  say  :  One  vessel,  called,  &c.,  with  the  following  tackle, 

apparel,  and  furniture,  viz  :  (set  forth  a  full  list  of  all  the 

things  attached. 

W.  B.,  Sheriff. 


[   No.  466.  ] 

Order  of  the  judge  thereupon  for  publication. 

In  the  matter  of  the  ship  Tantivy, ) 
attached  under  a  warrant.  ) 

Ordered,  that  notice  be  published  in  the  Albany  Evening 
Atlas,  for  the  space  of  three  months  successively,  stating 
the  issuing  of  the  warrant  herein,  the  name  of  the  vessel 
seized,  the  port  or  place  to  which  she  belongs,  and  her  last 
commander,  and  requiring  all  persons  who  claim  to  have 
any  demands  against  the  said  vessel,  her  tackle,  apparel  or 
furniture,  under  the  provision  of  the  Revised  Statutes,  to 
deliver  an  account  of  their  respective  claims  to  me,  within 
three  months  from  the  first  publication  of  the  said  notice, 
or  that  their  remedy  against  the  said  vessel  will  be  forfeited, 
and  that  such  vessel  will  be  sold  for  the  payment  of  the 
claims  against  her,  unless  the  owner,  consignee,  or  com- 
mander thereof,  or  some  person  interested  therein,  appear 
and  discharge  such  warrant  according  to  law,  within  three 
months  from  the  first  publication  of  such  notice. 

Albany,  May  5,  1852. 

A.  B.,  Albany  County  Judge. 


[  No.  467.  J 

Jlpplication  to  discharge  the  warrant  against  the  vessel. 

To  the  Hon.  A.  B.,  Albany  County  Judge  : 
The  undersigned  hereby  applies  to  your  honor  to  discharge 
^      the  vessel,  called  the  Tantivy,  from  a  warrant  issed  by  your 


PRACTICAL   FORMS.  9f53 

honor,  pursuant  to  the  provisions  of  the  Revised  Statutes, 
he  being  interested  in  the  said  vessel  as  part  owner  (or  con- 
signee or  commander,)  and  he  hereby  executes  and  delivers 
to  your  honor  the  bond  required  by  law. 

L.  M. 


f  No.  468.  ] 

Judge*s  order  discharging  warrant. 

To  W.  B.,  Esq.,  sherifF  of  the  city  and  county  of  Albany  : 

A  bond  having  been  given,  pursuant  to  the  Revised  Sta- 
tutes, I  do  therefore  hereby  discharge  the  warrant  heretofore 
issued  by  me  and  directed  to  you  against  the  ship  Tantivy. 
Given  under  my  hand  and  seal  this  12th  day  of  June,  1852. 

A.  B.,  Albany  Co.  Judge.     [  l.  s.  J 


[  No.  469.  J 

Order  to  sell  vessel  where  the  warrant  has  not  been  discharged. 

In  the  matter  of  the  ship  Tantivy," 
heretofore  seized  on  my  warrant  byj 
the  sherilT  of  the  city  and  county  of( 
Albany : 

Ordered,  that  the  sherifF  of  Albany  proceed  to  sell  the 
said  ship  Tantivy,  her  tackle,  apparel  and  furniture,  and  I 
hereby  declare  and  state  that  the  amount  necessary  to  be 
raised  to  satisfy  the  claims  against  such  vessel,  and  the 
expenses,  is  the  sum  of  five  hundred  dollars. 

Given  under  ray  hand  and  seal  this  10th  day  oi  Jul}', 
1852. 

A.  B.,  Albany 

County  Judge,     [l.  s.J 


264  PRACTICAL  FORMS. 

[   No.  470.    ] 

Order  for  publication  of  notice  to  creditors. 

In  the  matter,  &c. 

Ordered,  that  a  notice  be  published  for  three  weeks,  once 
each  week,  in  the  Albany  Evening  Atlas,  requiring  all  per- 
sons who  have  exhibited  any  claims  against  the  said  vessel, 
and  the  owners,  agent,  consignee  thereof,  and  all  other  per- 
sons interested  in  such  vessel,  to  appear  before  me  at  my 
office  in  the  city  of  Albany,  on  the  15th  of  August  inst.,  to 
attend  a  distribution  of  the  proceeds  arising  from  the  sale 
of  such  vessel,  her  tackle,  apparel  and  furniture. 

Dated  July  16,  1852.  A.  B.,  Albany 

County  Judge. 


[  No.  471.  ] 
Order  to  refer  a  claim  objected  to. 

In  the  matter,  &c. 

Ordered,  that  the  claim  of  B.  M.,  and  the  written  state- 
ment accompanying  the  same,  be  referred  to  A.  D.,  J.  N  and 
W.  G.,  to  examine  and  report  thereon. 

Dated,  &c.  A.  B.,  Albany 

County  Judge. 


[  No.  472.  ] 

Report  of  the  referees. 

In  the  matter,  &c. 

We,  the  referees,  appointed  by  his  Hon.  A.  B.,  Albany 
county  Judge,  to  examine  and  report  on  a  claim  and  written 
statement  of  B.  M.,  do  certify  and  report  that  we  have  exa- 
mined the  same,  and  there  is  due  the  said  B.  M.  the  sum  of 
sixty-five  dollars,  (or  that  there  is  nothing  due  the  said  B. 
M.)     Dated,  &c.  A.  D. 

0.  N. 

W.  G. 


PRACTICAL   FORMS. 


2G5 


PROCEEDINGS  FOR  PARTITION  ON  THE  APPLICA- 
TION OF  INFANTS— UNDER  SESSION  LAWS 
OF  1852,  CHAP.  277. 

[  No.  473.  J 

Petit  ian  for  the  appointment  of  nextfrwnd,  and  for  partition  of 

infants^  estate. 
STATE  OF  NEW  YORK. 
In  Supreme  Court.    ) 
County  of  Albany.  \ 

The  petition  of  R.  C.  and  P.  W.,  respectfully  show  to 
this  court,  as  follows  :  The  said  R.  C.  shows  that  he  resides 
in  the  city  of  Albany,  in  said  county  ;  that  on  the  seventh 
day  of  October,  1851,  he  was  duly  appointed  by  the  surro- 
gate of  Albany  county,  (or  by  this  court,)  and  now  is  a  general 
guardian  of  P.  W.,  now  aged  fifteen  years,  J.  W.,  aged 
twelve  years,  H.  W.,  aged  ten  years,  infants,  children  and 
heirs  at  law  of  A.  W.,  late  of  Albany,  deceased,  all  of  whom 
then,  and  still  reside  in  said  city.  And  said  P.  W.  shows 
that  he  is  an  infant,  over  the  age  of  fourteen  years,  to  wit : 
of  the  age  of  fifteen  years,  that  he  resides  in  the  city  of  Al- 
bany, is  a  son  and  heir  at  law  of  said  A.  W.,  deceased. 

Your  petitioners,  the  said  R.  C,  as  guardian  as  aforesaid, 
and  said  P.  W.  for  himself,  further  show,  that  said  infants 
are  not,  nor  is  either  of  them  the  owner  of,  or  entitled  to 
any  personal  estate,  except  in  about  five  hundred  dollars, 
proceeds  of  sale  of  property  in  one  of  the  administrator's 
hands,  as  appears  by  his  final  accounting  with  the  surrogate, 
of  which  said  sum  each  of  said  infants  is  entitled  to  one- 
twelfth  part ;  that  each  has  a  vested  interest  or  remainder 
of  one-eighth  part  of  three  thousand  dollars,  money  set  apart 
and  ordered  invested  by  the  surrogate  of  Albany  county,  and 
the  interest  thereof  paid  over  to  L.  W.,  mother  of  said  in- 
fants, during  her  life,  for  dower  in  certain  real  estate  of  A. 
W.,  said  infants'  father  ;  which  said  real  estate  was  sold  by 
the  administrator  under  an  order  of  the  surrogate's  court  for 
debts  ;  said  widow  is  still  living,  and  about  fifty  years  of 
age. 


2(56  PRACTICAL  FORMS. 

These  petitioners,  said  R.  C.  as  guardian  as  aforesaid,  and 
said  P.  W.  for  himself,  show,  that  said  infants  have  not,  and 
are  not  entitled  to  any  other  real  estate  than  such  as  is 
hereinafter  mentioned  :  the  whole  value  of  all  said  infants' 
interest  therein  cannot,  according  to  information  and  belief, 
exceed  the  sum  of  six  thousand  dollars. 

And  your  petitioners  further  show,  that  said  infants  are 
each  possessed  of  and  entitled  to  an  undivided  eighth  part 
as  tenants  in  common  with  B.  W.,  C.  W.,  M.  wife  of  E.  S., 
S.  wife  of  C.  J.  and  H.  W.,  children  of  said  A.  W.,  and  half 
brothers  and  half  sisters  of  these  infants,  each  of  whom  is 
also  entitled  to  the  same  interest  as  each  of  these  infants, 
subject  to  the  said  mother's  dower  right,  in  and  to  all  and 
singular  the  lots,  pieces  and  parcels  of  land  hereinafter  de- 
scribed. 

The  net  annual  income  of  the  whole  of  said  lots  and  par- 
cels of  land  being  about  eight  hundred  dollars,  as  your 
petitioners  are  informed  and  believe,  and  that  each  of  said 
infants'  share  of  the  annual  income  is  one-twelfth  part 
thereof. 

And  your  petitioners  further  show,  that  said  widow  re- 
sides in  Albany,  and  is  willing  and  desires,  as  they  are 
informed  and  believe,  to  have  her  dower  assigned  or  the 
property  sold,  whichever  the  court  shall  deem  most  for  the 
interest  of  parties  concerned.  All  of  said  parties,  tenants 
in  common  with  these  infants,  who  reside  in  this  State  are 
of  full  age. 

And  your  petitioners  further  show,  that  said  B.  W.  as- 
sumes to  control,  manage  and  collect  the  rents  of  all  said 
property,  except  one  house  and  lot,  which  is  not  satisfactory 
to  your  petitioners,  nor  as  your  petitioners  believe  for  the 
interest  of  said  infants  ;  and  as  most  unhappy  differences 
exists  between  said  B.  W.  and  some  of  the  parties  in  interest, 
which  is  also  to  the  prejudice  of  the  rights  of  said  infants 
as  the  property  now  is. 

And  your  petitioners  further  show,  that  each  of  the  fol- 
lowing described  lots  is  improved  by  having  thereon  wooden 
dwellings  and  structures,  all  placed  on  wood   or  posts,  and 


PRACTICAL   FORMS.  267 

must  soon  be  subject  to  expensive  repairs,  which  cannot  be 
conducted  in  behalf  of  said  infants  to  advantage,  or  with 
economy,  and  that  the  interest  of  said  infants  requires  a 
partition  or  sale  thereof;  and  said  property  is  so  situated 
that  actual  partition  cannot  be  made  without  great  prejudice 
to  the  owners,  and  therefore  their  interests  require  a  sale 
thereof. 

Your  petitioners  therefore  pray  this  court  to  authorise 
proceedings  to  be  instituted  by  action  or  otherwise,  on  be- 
half of  said  infants,  for  a  division  and  partition  of  said  real 
estate,  and  for  a  sale  thereof,  if  it  shall  appear  that  such  par- 
tition cannot  be  made  without  great  prejudice  to  the  owners, 
and  pray  the  appointment  of  a  competent  next  friend  to 
conduct  the  proceedings  on  the  part  of  said  infants,  and 
propose  as  such  next  friend,  H.  R.,  of  Albany,  who  has  no 
interest  adverse  to  said  infants,  an  uncle  of  said  infants  by 
marriage,  and  E.  W.,  and  R.  Q.,  of  Albany,  as  his  security. 

The  said  property  of  which  partition  is  sought,  is  bounded 
and  described  as  follows,  viz  :  (here  set  forth  the  property.) 

R.  C. 

P.  W. 

Signed  in  presence  of) 
A.  G.  S 

Albany  city  and  county,  ss  :  R.  C,  one  of  the  above  pe- 
titioners being  sworn,  says  :  he  has  read  the  foregoing  peti- 
tion, and  knows  the  contents  thereof,  that  the  same  is  true 
of  his  own  knowledge,  except  as  to  the  matters  which  are 
therein  stated  on  his  information  and  belief,  and  as  to  those 
matters,  he  believes  it  to  be  true. 

Sworn,  &c.  R.  C 

Albany  city  and  county,  ss  :  On  this  5th  day  of  June, 
1852,  before  me  personally  came  the  above  named  A.  G.,  to 
me  personally  known  to  be  the  witness  above  named,  who 
being  by  me  sworn,  did  say  that  he  resides  in  said  city,  and 
that  on  the  third  instant  he  saw  said  P.  W.,  to  him  person- 
ally known  to  be  the  person  described  in  the  foregoing  pe- 
tition, sign  the  same. 

N.  B.,  Commissioner  of  Deeds. 


2G8  PRACTICAL  FORMS. 

[   No.  474.   ] 

Consent  of  next  friend. 

I  hereby  consent  to  become  next  friend  of  said  infants, 
and  to  appear  for  them  in  the  before  mentioned  proceedings. 
Albany,  June  3,  1852. 

XI.  xi. 

Albany  City  and  County,  ss :     On  this  third  day  of  June, 

1852,  before  me,  appeared  said  H.  R.,  to  me   personally 

known,  and  acknowledged  the  execution  of  the  foregoing 

consent. 

N.  B.,  Commissioner  of  Deeds. 


[  No.  475.  ] 

Order  appointing  next  friend,  and  for  leave  to  institute  procedings. 

At  a  special  term  of  the  supreme  court  held 
for  the  State  of  New  York,  at  the  City 
Hall,  in  the  city  of  Albany,  on  the  6th 
day  of  June,  1852. 

Present,  Hon.  IRA  HARRIS,  Justice. 

In  the  matter  of  the  application  of  P. 

W.,  J.  W.  and  H.  W.,  infants,  for 

leave    to  institute    proceedings  for 

partition    and    for    appointment    of| 

next  friend. 

On  reading  and  filing  the  petition  of  P.  W.  and  R.  C, 
general  guardians  of  said  infants,  and  on  motion  of  0.  B.,  of 
counsel,  ordered  that  proceedings  may  be  instituted  on 
behalf  of  said  infants,  P.  W.,  J.  W.  and  H.  W.,  for  a  divis- 
ion and  partition  of  the  real  estate  in  said  petition  described, 
and  for  a  sale  thereof,  if  it  shall  appear  that  such  partition 
cannot  be  made  w^ithout  great  prejudice  to  the  owners. 
And  it  is  further  ordered,  that  H.  R.  be,  and  he  is  hereby 
appointed  next  friend  of  said  infants,  to  appear  and  conduct 
the  proceedings,  upon  his  giving  the  requisite  security  in 
the  sum  of  two  thousand  dollars,  to  be  approved  by  one  of  the 
justices  of  this  court. 


PRACTICAL  FORMS.  269 

[  No.  476.  J 
Bond  of  next  friend  of  infants  in  partition. 

Know  all  men  by  these  presents,  that  we,  H.  R.,  E.  W.  and 
R.  Q,,  all  merchants  of  the  city  of  Albany,  are  held  and 
firmly  bound  unto  the  people  of  the  State  of  New  York  in 
the  penal  sum  of  two  thousand  dollars,  for  which  payment 
well  and  truly  to  be  made,  we  bind  ourselves  and  each  of 
our  heirs,  executors  and  administrators,  jointly  and  severally, 
firmly  by  these  presents.  Sealed  with  our  seals  and  dated 
this  6th  day  of  June,  1852. 

Whereas,  by  an  order  of  the  supreme  court  made  on  the 
sixth  day  of  June,  1852,  at  Albany,  said  H.  R.,  upon  giving 
the  requisite  security,  was  appointed  next  friend  of  P.  W., 
J.  W.  and  H.  W.,  infants,  all  of  the  city  of  Albany,  to  con- 
duct proceedings  on  the  part  of  said  infants,  to  be  instituted 
on  their  behalf  for  a  division  and  partition  of  the  real  estate 
mentioned  in  the  petition,  upon  which  said  order  was 
founded,  or  for  a  sale  thereof,  if  it  should  appear  that  such 
partition  cannot  be  made  without  great  prejudice  to  the 
owners. 

Now,  therefore,  the  conditions  of  this  obligation  is  such, 
that  if  the  said  H.  R.  shall  faithfully  discharge  the  duties  of 
his  trust  as  such  next  friend  and  render  a  just  and  true  ac- 
count thereof  when  lawfully  required,  then  this  obligation 
to  be  void,  otherwise  to  remain  in  full  force  and  virtue. 

H.  R.  [  L.  s.  ] 
E.  W.  [  L.  s.  ] 
R.  Q.     [  L.  s.  ] 

(Add  acknowledgement  and  justification  of  sureties.) 


[  No.  477.  J 

Approval  endorsed. 

I  approve  of  the  within  bond  as  to  the  form  and  manner 

of  execution,  and  as  to  the  sufficiency  of  the  sureties. 

June  7,  1852. 

IRA  HARRIS. 


270  PRACTICAL  FORMS 

[  No.  478.  ] 
Complaint  of  infants  in  partition. 
Supreme  Court — County  of  Albany  : 

PrW.7j  ~W.,  and  H.  W.,  by  H.  R., 

their  next  friend, 

agt. 
M.  W.,  widow  of  A.  W.,  deceased, 
C.  W.,  B.  W.,  and  D.  his  wife,  E.  S. 
and  M.  his  wife,  C.  J.,  and  S.  his 
wife,  H.  W.,  B.  P.,  H.  C.  and  B.  M. 


These  plaintiffs,  by  H.  R.,  their  next  friend,  duly  appoint- 
ed by  order  of  the  court,  for  that  purpose  first  had  and  ob- 
tained in  pursuance  of  the  statute,  complain  and  state,  that 
on  or  about  the  eighth  day  of  October,  one  thousand  eight 
hundred  and  forty-eight,  A.  W.,  a  citizen  and  resident  of 
the  city  of  Albany,  died  intestate,  seized  in  fee  simple  abso- 
lute of  all  the  real  estate  hereinafter  described,  of  which 
partition  or  sale  is  hereby  sought.  That  letters  of  admin- 
istration upon  said  intestate's  estate,  as  they  are  informed 
and  believe,  issued  on  or  about  the  14th  day  of  November, 
1848,  by  the  surrogate  of  Albany  county,  to  said  defendants 
M.  W.  and  B.  W.,  who  took  upon  themselves  the  duties 
thereof,  and  have  rendered  their  final  accounts  ;  the  said  M. 
not  having  received  any  money  as  executrix,  and  said  B. 
showing  a  balance  on  hand,  after  paying  expenses,  &c.,  of 
about  five  hundred  dollars. 

The  plaintiffs  further  show,  tbrit  they  are  children  and 
heirs  at  law  of  said  A.  W.,  deceased,  are  all  infants  under 
the  age  of  twenty-one  years,  to  v.it  :  said  P.  Vv'.  of  the  age 
of  fifteen  years  and  ten  months,  said  J.  W.  of  the  age  of 
twelve  years,  and  said  H.  W.  of  the  age  of  ten  years,  all  of 
whom  reside  in  the  city  of  Albany,  and  said  R.  C.  is  their 
general  guardian  appointed  by  the  surrogate  of  the  county 
of  Albany. 

And  these  plaintiffs  further  state,  that  they  are  not  nor  is 
either  of  them  to  their  knowledge  or  belief,  the  owner  of  or 


PUACTICAL   FOKMS  271 

entitled  to  any  personal  estate  except  in  about  $500,  pro- 
cee.Is  of  sale  of  pro[)erty  of  said  intestate,  and  now  in  the 
hands  of  said  administrator  B.  W.,  of  which  said  surn  each 
of  these  infants  is  entitled  to  one-twelfth  part  thereof;  that 
each  has  a  vested  interest  or  remainder  in  one-eighth  part 
of  ^3000,  money  which  was  set  apart  by  the  surrogate  of 
Albany  county,  the  interest  thereof  to  be  paid  over  to  said 
M.  W.,  widow  of  said  A.  W.,  deceased,  and  mother  of  these 
plaintiffs,  during  her  life,  for  dower  in  certain  real  estate  of 
said  A.  W.  deceased,  said  infants'  father;  which  said  real 
estate  was  sold  by  the  administrators,  under  an  order  of  the 
surrogate's  court,  for  the  payment  of  debts  ;  said  widow  is 
still  living  and  about  fifty  years  of  age  ;  said  B.  H,  C.  M. 
and  S.,  children  and  heirs  at  law  of  A.  W.,  are  each  in  like 
manner  entitled  to  one  eighth  part  of  said  ^3000. 

These  plaintiffs  further  say,  according  to  their  best  know- 
ledge, information  and  belief,  that  neither  they  or  either  of 
them,  have  or  is  entitled  to  any  other  real  estate  than  such 
as  is  hereinafter  mentioned;  that  the  whole  value  of  said 
infants'  interest  therein,  can  not  exceed  the  sum  of  ^6,000 
or  ^6,500;  and  that  each  of  these  infants  is  entitled  to  an 
undivided  eighth  part,  as  tenants  in  common  with  B.  W., 
H.  W.,  C.  W.,  M.  W.  wife  of  E.  S.,  and  S.  W.  wife^of  C.  J., 
children  and  heirs  at  law  of  said  A.  W.,  and  hall  brothers 
and  half  sisters  of  these  plaintiffs,  each  of  whom  is  also 
entitled  to  the  same  interest  therein,  (the  married  women 
subject  to  the  husband's  rights,)  as  each  of  these  plaintiffs  ; 
all  subject  to  M.  W.'s  dower  right  therein,  as  widow  of  said 
A.  W .;  said  B.  W.  is  married  to  D.  H.  The  net  annual 
income  of  said  real  estate  does  not  exceed  about  $800,  as 
plaintiffs  are  informed  and  believe,  and  that  each  of  said 
infants'  share  of  said  income  is  one  twelfth  part  thereof. 

These  plaintiffs  further  state,  that  they  have,been  unable 
to  procure  the  consent  of  either  of  the  above  named  tenants 
in  common,  who  are  defendants  to  be  made  plaintills  in  this 
action. 

And  these  plaintiffs  further  state,  that  it  will  be  difficult 
and  impracticable  to  make  a  fair  and  equitable  partition  and 


272  PRACTICAL   FORMS. 

division  of  the  said  lands  and  premises  among  the  several 
owners,  without  prejudice  to  the  owners  ;  the  said  lands 
and  real  estate  consisting  of  houses  and  lots  of  which  equal 
partition  according  to  the  rights  and  interest  of  the  several 
parties  can  not  be  made. 

And  these  plaintiffs  further  state,  that  a  sale  of  the  said 
lands   and   real   estate,   and  a  distribution  of  the  proceeds 
thereof  among  the  said  parties,  plaintiffs  and  defendants, 
according  to  their  respective  rights  and  interests  therein, 
will    be  most    beneficial  to  the  interests  of  all  the  parties 
interested  therein,  for  the  following  among  other  reasons, 
to  wit :  each  of  said  lots  of  which  partition  or  sale  is  hereby 
sought,  has  thereon  a  wooden  dwelling  and  structures,  all 
placed  on  wood  or  posts,  and  must  soon  be  subject  to  expen- 
sive repairs,  which  can  not  be  conducted  in  behalf  of  infants  to 
advantage  or  with  economy.    These  plaintiffs  therefore  pray 
for  a  sale  of  said  lands  and  real  estate,   under  the  direction 
of  this  court ;  and  a   distribution  of  the  proceeds  thereof, 
among  the  several  persons  named  in  this  complaint,  accord- 
ing to   their   rights  and  interests  therein.     But  in  case  the 
court  shall  be  of  opinion  that  the  interests  of  these  plaintiffs 
does  not  require  a  sale,  then  they  pray  that  partition  may 
be  made  according  to  rights  of  the  respective  parties ;  and 
these   plaintiffs    further  say  that    said    B.  W.  controls  and 
leases,  and  collects  the  rents  of  all  said  real  estate  except 
one  house  and  lot,  which  owing  to  an  unhappy  state  of  feel- 
ing existing  between  him  and  some  of  the  other  parties  in 
interest,  and  as  plaintiffs  are  informed  and  believe,  in  con- 
sequence also   of  expensive  and  unnecessary  repairs  made 
by  said  B.  W.,  renders  it  for  the  interest  of  these  plaintiffs 
and  proper  that  a  receiver    should    be  appointed    to  take 
charge  of  said  real  estate  and  the  rents  and  profits,  during 
the  pending  of  this  action,  subject  to  the  order  of  the  court. 
Said  real  estate  of  which  partition  or  sale  is  sought  by 
this  action  is  described  as  follows :  (here  insert  description 
of  the  property.) 

These  plaintiffs  further  state,  that  B.  P.,  H.  C.  and  B.  M. 
claim  some  interest  in  some  portion  of  said  premises  as 


PRACTICAL  FORMS. 


273 


tenants  from  year  to  year,  but  that  none  of  them  have  any  in- 
terest extending  beyond  the  current  year,  ending  May  1, 1853. 

B.  A.,  Phiinlilf's  Att'y,  Albany. 

Albany  City,  ss  :  H.  R.,  being  sworn,  says  he  is  the 
person  named  in  the  foregoing  complaint  as  the  next  friend 
of  said  infant  plaintiffs  ;  that  he  has  heard  said  complaint 
read,  and  knows  the  contents  to  be  true,  except  as  to  the 
matters  and  things  therein  stated  on  information  and  belief, 
and  as  to  those  matters  he  believes  it  to  be  true. 

Sworn,  &c.  H.  R. 


PROCEEDINGS  FOR  SALE  OF  REAL  ESTATE  OF 

INFANTS. 

[  No.  479.  ] 

Petition  for  order  to  sell  real  estate  of  infants. 

STATE  OF  NP:W  YORK.      ) 
In  Supreme  Court.  \ 

The  petition  of  A.  B.,  of  the  county  of  Albany,  an  infant, 
over  the  age  of  fourteen  years,  who  has  no  general  guardian  ; 
and  of  C.  U.  an  infant  under  the  age  of  fourteen  years,  who 
has  no  general  guardian,  by  E.  F.,  his  mother,  and  next 
friend,  respectfully  show  : 

That  your  petitioner,  A.  B.,  is  an  infant  of  the  age  of 
twenty  years  and  upwards,  and  the  said  C.  D.  is  an  infant  of 
the  age  of  ten  years,  and  that  the  said  infants  are  two  of  the 
children  and  heirs  at  law  of  R.  P.,  late  of  the  city  of  Albany, 
deceased  ;  and  that  as  such  heirs  at  law  they  are  each  enti- 
tled to  an  undivided  third  part,  subject  to  the  right  of  dower 
of  the  said  E.  F.,  their  mother,  of  a  lot  of  land,  situated  in 
(here  describe  the  premises  to  be  sold)  that  said  lot  is  worth 
about  one  thousand  dollars,  as  they  are  informed  and  believe, 
but  is  entirely  unproductive,  being  wild  and  uncultivated, 
and  unimproved.  That  the  brother  of  your  petitioners  owns 
the  remaining  one-third  of  the  said  real  estate  above  men- 
tioned, subject  to  the  dower  right  aforesaid. 
18 


274  PRACTICAL   FORMS. 

And  your  petitioners,  the  said  infants,  further  show,  that 
they  do  not  own  any  other  real  estate  than  that  above  de- 
scribed, and  that  they  have  no  personal  estate  of  any  kind, 
or  to  any  amount  whatever,  except  their  necessary  wearing 
apparel. 

And  your  petitioner,  the  said  E.  F.,  the  mother  of  the 
said  infants,  further  shows,  that  as  the  widow  of  the  said 
R.  P.,  deceased,  the  father  of  the  said  infants,  she  is  entitled 
to  dower  in  the  said  real  estate  mentioned,  and  that  she  has 
no  means  of  support  for  herself  and  her  said  infants,  except 
what  she  and  they  may  acquire  by  their  own  industry  ;  and 
that  it  is  necessary  the  said  premises,  or  some  part  thereof, 
should  be  sold,  and  the  proceeds,  or  some  part  thereof,  be 
applied  towards  the  necessary  education  and  maintenance  of 
the  said  infants  ;  and  your  petitioner,  the  said  E.  F.,  hereby 
offers  to  unite  in  the  sale  of  the  premises  aforesaid,  and  to 
release  her  right  of  dower  therein,  upon  condition  that  one- 
third  part  of  the  purchase  money  be  safely  invested,  and  the 
annual  interest  thereof  be  paid  to  her  during  her  natural  life  ; 
or  that  a  gross  sum  be  paid  to  her  in  lieu  thereof,  equal  in 
value  to  her  life  estate  therein,  to  be  ascertained  upon  the 
principle  of  life  annuities. 

Your  petitioners  therefore  pray,  that  the  said  real  estate 
may  be  sold  by  and  under  the  direction  of  this  court;  and 
that  E.  W.,  of  the  city  of  Albany,  merchant,  who  is  in  no 
way  related  to  said  infants,  may  be  appointed  their  special 
guardian,  for  the  purpose  of  selling  the  interests  of  said  in- 
fants in  the  said  real  estate,  and  L.  M.  and  N.  P.  are  pro- 
posed as  sureties  for  the  said  E.  W.,  as  such  special  guard- 
ian, to  join  with  him  in  a  bond  in  such  penalty,  and  upon 
such  condition  as  shall  be  requisite. 

A.  B. 

C.  D. 

E.  F. 

(Add  affidavit  of  petitioners,  consent  of  guardian,  and 
proof  of  guardian's  signature  to  such  consent.) 


PRACTICAL   FORMS.  275 

[  No.  480.  ] 
Jlffidavit  of  disinterested  person  as  to  value  of  the  estate. 

Albany  City  and  County,  ss  :  R.  N.,  of  Albany,  beinjr 
sworn,  says,  he  is  well  acquainted  with  the  situation  and 
value  of  the  property  mentioned  and  described  in  the  fore- 
going petition,  and  does  not  consider  the  said  premises 
worth,  to  exceed  in  value  the  sura  of  one  thousand  dollars. 

Sworn,  &c\  R.  N. 


[  No.  481.  ] 
Order  appointing  a  special  guardian  on  sale  ofinfanVs  estate. 
At  a  special  term,  &c. 

In  the  matter  of  the  petition  of  A.  B., 

C.  D.  and  E.  F.,  for  the  sale  of  the 

Infant's  estate. 

On  reading  and  filing  the  petition  of  A.  B.,  an  infant  over 
the  age  of  fourteen  years,  who  has  no  general  guardian,  and 
of  C.  D.,  an  infant  under  the  age  of  fourteen  years,  and  who 
has  no  general  guardian,  by  C.  D,  his  mother  and  next 
friend,  praying  for  the  sale,  under  the  direction  of  this  court, 
of  certain  real  estate  described  in  the  said  petition  as  fol- 
lows :  (here  set  out  the  description  as  in  the  petition,)  and 
for  the  appointment  of  E.  W.  as  special  guardian  for  the 
purpose  of  conducting  the  said  sale  ;  and  on  receiving  the 
consent  of  the  said  E.  W.  of  the  city  of  Albany,  consenting 
to  be  appointed  the  special  guardian  of  said  infants,  for  the 
purpose  mentioned  in  the  said  petition  : 

It  is  therefore  ordered,  that  said  E.  W.  be  and  hereby  is 
appointed  special  guardian  of  said  infants  for  the  purpose 
of  such  sale,  upon  his  executing  and  filing  with  the  clerk  of 
the  county  of  Albany  the  requisite  security  to  each  of  said 
infants,  in  the  penal  sum  of  five  hundred  dollars  each,  con- 
ditioned for  the  faithful  performance  of  the  trust  reposed  in 
said  guardian,  and  for  paying  over  and  investing  and 
accounting  for  all  moneys  that  shall  be  received  by  him. 


276  PRACTICAL   FORMS. 

according  to  the  order  of  any  court  having  authority  to  give 
directions  in  the  premises,  and  to  observe  the  orders  and 
directions  of  this  court  in  relation  to  the  said  trust ;  such  secu- 
rity, as  to  the  sureties  and  the  form  and  sufficiency  thereof, 
to  be  approved  by  one  of  the  justices  of  this  court.  And  it 
is  further  ordered,  that  before  executing  any  deed  or  con- 
veyance of  the  said  premises,  the  said  guardian  report  to 
this  court  the  terms  and  conditions  of  the  agreement  made 
by  him  for  the  sale  of  such  premises,  with  leave  to  said 
guardian  to  move  for  such  further  order  in  the  premises  as 
may  be  proper. 


.[  No.  482.  J 

Bond  of  guardian  on  sale  of  infantas  estate. 

Know  all  men  by  these  presents  that  we  E.  W.,  L.  M. 
and  N.  P.,  all  merchants  of  the  city  of  Albany,  are  held  and 
firmly  bound  unto  A.  B.,  an  infant  under  the  age  of  twenty- 
one  years,  in  the  just  and  full  sum  of  five  hundred  dollars, 
to  be  paid  to  the  said  A.  B.,  his  heirs,  executors  or  assigns, 
for  which  payment  well  and  truly  to  be  made,  we  bind  our- 
selves, our  and  each  of  our  heirs,  executors  and  administra- 
tors jointly  and  severally,  firmly  by  these  presents.  Sealed 
with  our  seals  and  dated  this  fifth  day  of  June,  1852. 

Whereas,  the  above  bounden  E.  W.,  by  an  order  of  the 
suj)reme  court,  held  before  Hon.  Ira  Harris,  justice,  at  a  spe- 
cial term  of  said  court,  held  at  the  city  hall  in  the  city  of 
Albany,  on  the  4th  day  of  June,  1852,  was  appointed  special 
guardian  of  said  A.  B.,  for  the  sale  of  certain  real  estate  of 
said  A.  B.,  in  the  said  order  mentioned  and  described. 

Now  therefore,  the  condition  of  this  obligation  is  such, 
that  if  the  above  bounden  E.  W.  shall  faithfully  perform  the 
trust  reposed  in  him  as  such  guardian,  and  for  paying  over, 
investing  and  accounting  for  all  moneys  that  shall  be  re- 
ceived by  him,  according  to  the  order  of  any  court  having 
authority  to  give  directions  in  the  premises,  and  observe  the 


PRACTICAL  FORMS.  277 

orders  and  directions  of  the  court  in  relation  to  said  trust, 
then  this  obligation  to  be  void,  otherwise  to  remain  in  full 
force  and  virtue. 

E.  W.     [l.  S.J 
L.  M.     [l.  s.J 
N.  P.       [l.  s.] 
(Add  acknowledgment,  justification  of  sureties,  and  ap- 
proval by  a  justice  of  the  supreme  court.) 


[  No.  483.  ] 
Report  of  special  guardian^  of  agreement  to  sell. 

Supreme  Court. 

In  the  matter  of  A.  B.,  C.  D.  and   E.  > 

F.jfor  the  sale  of  certain  real  estate.  \ 

To  the  justices  of  the  supreme  court : 

In  pursuance  of  an  order  of  this  court,  made  in  the  above 
matter  on  the  fourth  day  of  June,  1852,  authorising  and  em- 
powering me,  as  the  special  guardian  of  the  infants  therein 
named,  to  contract  for  the  sale  and  conveyance  of  all  the 
right,  title  and  interest  of  the  said  infants  in  the  real  estate 
mentioned  and  described  in  the  petition  of  the  said  infants 
in  this  matter,  dated  the  first  day  of  June,  1852,  and  to 
report  upon  oath  the  terms  and  conditions  of  the  agreement 
made  by  me  with  the  purchaser  or  purchasers,  before  execut- 
ing any  deed  or  conveyance  of  the  said  premises: 

I,  the  said  special  guardian  do  certify  and  report,  that  I 
have  entered  into  an  agreement,  subject  to  the  approbation 
of  the  court,  with  G,  H.,  of  the  town  of  Watervliet,  for  the 
sale  of  all  the  right,  title  and  interest  of  the  said  petition- 
ers to  the  said  real  estate,  upon  the  following  terms  and  con- 
ditions :  the  said  G.  H.  to  pay  therefor  the  sum  of  one  thou- 
sand dollars  in  cash,  on  the  executing  and  delivery  to  him 
of  the  deeds  of  the  special  guardian  duly  appointed  for  that 
purpose. 

And  I  do  further  certify  and  report,  that  the  said  E.  F., 
widow  as   aforesaid,  prefers   a  gross  sum  in  satisfaction  of 


278  PRACTICAL   FORMS. 

her  dower  right  in  the  said   premises  ;  that  the  gross  value 

of  the  right  of  dower  of  the  said  E.  F.  in  the  said  premises, 

is  ^  ,  and  the   costs  of  these  proceedings  amount  to 

^25;  after  deducting  which  sums  from  the   amount  of  the 

purchase  money  as  aforesaid,   there  will  remain  the  sum  of 

0  due  to  the  said  infants  collectively. 

And  I  further  report,  that  the  above  are  the  best  terms 

upon  which  I  could  sell  the  said  premises. 

All  of  which  is  respectfully  submitted. 

E.  W. 

Albany  City  and  County,  ss :  E.  W.,  the  special  guar- 
dian named  in  the  above  report,  being  duly  sworn,  deposes 
and  says,  that  he  has  read  the  above  report,  by  him  sub- 
scribed, and  knows  the  contents  thereof,  and  that  the  matters 
therein  stated  are  true. 

Sworn,  &c.  E.  W. 


[  No.  484.  ] 

Order  conjirming  sale. 

At  a  specical  term,  &c. 
(Title.) 

On  reading  and  filing  the  report  of  E.  W.,  the  special 
guardian  of  the  above  named  infants,  made  in  pursuance  of 
an  order  of  this  court,  dated  the  4th  day  of  June,  1852, 
stating  that  in  pursuance  of  said  order  he  had  entered  into 
an  agreement,  subject  to  the  approval  of  this  court,  with  G. 
H.  for  the  sale  of  all  the  right,  title  and  interest  of  the  said 
infants  in  and  to  the  real  estate  mentioned  in  said  order, 
upon  the  terms  and  conditions  specified  in  the  said  report: 

On  motion  of  M.  S.,  of  counsel  for  said  petitioners,  it  is 
ordered,  that  the  said  report  and  the  agreement  therein  men- 
tioned be  and  the  same  are  hereby  ratified  and  confirmed. 
And  it  is  further  ordered  that  the  said  special  guardian  do 
execute,  acknowledge  and  deliver  to  the  said  G.  H.,  a  good 
and  sufficient  conveyance  of  all  the  estate,  right,  title  and 
interest  of  the  said  infants  in  and  to  the  premises  aforesaid, 


PilACTICAL  FORMS.  279 

upon  his  complying  with  the  terms  and  conditions  upon 
which,  by  the  said  agreement,  the  deed  was  to  be  delivered, 
and  that  so   much  of  the  proceeds  of  said  sale  as  shall  be 

requisite,  the  said  special  guardian  do  pay  the  sum  of  § 

to  E.  P.,  for  her  dower  right  in  the  shares  of  the  said  infants 
in  the  premises,  and  take  her  receipt  in  full  discharge  thereof; 
and  that  he  pay  to  the  attorney  for  the  petitioners  the  costs 
of  these  proceedings,  and  that  the  residue  thereof  be  invested 
on  bond  and  mortgage  for  the  benefit  of  the  said  infants ; 
and  that  the  said  special  guardian  do  make  a  return  to  the 
court  in  writing  and  upon  oath,  of  the  investment  and  dis- 
position of  such  residue  of  the  proceeds  as  soon  as  may  be. 


[  No.  485.  ] 

Deed  by  special  guardian. 

This  indenture,  made  the  first  day  of  August,  1852,  be- 
tween E.  W.,  the  special  guardian  of  A.  B.  and  C.  D.,  infants, 
under  the  age  of  twenty-one  years,  of  the  first  part,  and  G. 
H.,  of  the  second  part,  witnesseth  : 

Whereas,  a  petition  was  heretofore  presented  to  the  jus- 
tices of  the  supreme  court  by  the  said  A.  B.,  who  is  an 
infant,  over  the  age  of  fourteen  years,  and  having  no  general 
guardian,  and  by  E.  F.,  the  mother  and  next  friend  of  the 
said  C.  D.,  who  is  an  infant  under  the  age  of  fourteen  years, 
and  having  no  general  guardian,  on  his  behalf,  praying  for 
a  sale  of  the  right,  title  and  interest  of  the  said  infants  in 
the  real  estate  therein  mentioned  ;  and  whereas,  such  pro 
ceedings  were  afterwards  had  in  the  said  court  upon  the 
said  petition,  that  by  an  order  of  said  court  made  on  the  fourth 
day  of  June,  1852,  the  said  E.  W.,  was  appointed  the  spe- 
cial guardian  of  the  said  infants  for  the  purposes  of  the  said 
application,  upon  his  giving  the  security  therein  required  ; 
and  whereas,  such  security  duly  approved  and  acknow- 
ledged, was  subsequently  filed  by  the  said  guardian  in  the 
proper  office  ;   and  whereas,  by  the   said   order  the   said  E. 


280  PRACTICAL   FORMS. 

W.,  upon  filing  the  said  security,  was  authorized  and  em- 
powered to  contract  for  the  sale  and  conveyance  of  the  right, 
title  and  interest  of  the  said  infants  in  such  real  estate,  sub- 
ject to  the  ratification  of  this  court.  And  whereas,  the  said 
special  guardian  afterwards  made  his  report,  dated  the  fifth 
day  of  July,  1852,  to  the  said  court,  stating  that  he  had  en- 
tered into  an  agreement,  subject  to  the  approbation  of  the 
said  court,  wath  G.  H.,  for  the  sale  of  all  the  right,  title  and 
interest  of  the  said  infants  in  and  to  the  said  real  estate, 
upon  the  terms  and  conditions  therein  mentioned  ;  whereas, 
by  another  order  of  the  said  court,  made  on  the  sixth  day  of 
July,  1852,  it  was  ordered,  that  the  said  report  of  such  spe- 
cial guardian,  and  the  agreement  therein  mentioned,  be,  and 
the  same  were  thereby  ratified  and  confirmed  ;  and,  whereas, 
it  was  further  ordered  by  the  said  court,  in  and  by  the  last 
mentioned  order,  that  the  said  special  guardian  should  exe- 
cute, acknowledge  and  deliver  to  the  said  G.  H.  a  good  and 
sufficient  conveyance  of  all  the  estate,  right,  title  and  interest 
of  the  said  infants  in  and  to  the  said  premises,  upon  his 
complying  with  the  terms  and  conditions,  upon  which  by 
the  said  agreement,  such  deed  was  to  be  delivered.  And 
whereas,  the  said  G.  H.,  the  purchaser  aforesaid,  has  com- 
plied with  the  terms  and  conditions  of  the  said  agreement: 
Now,  therefore,  this  indenture  witnesseth,  that  the  said 
party  of  the  first  part,  special  guardian  as  aforesaid,  by  vir- 
tue of  the  power  and  authority  conferred  upon  him  by  the 
several  orders  above  mentioned,  and  in  pursuance  of  the 
statute  in  such  case  made  and  provided,  for  and  in  considera- 
tion of  the  sum  of  one  thousand  dollars,  to  him  in  hand  paid, 
at  or  before  the  ensealing  and  delivery  of  these  presents, 
by  the  said  party  of  the  second  part,  the  receipt  whereof  is 
hereby  confessed  and  acknowledged,  hath  granted,  bargain- 
ed, sold  and  conveyed,  and  by  these  presents  doth  grant, 
bargain,  sell  and  convey  unto  the  said  party  of  the  second 
part,  his  heirs  and  assigns  forever,  all  the  right,  title  and 
interest  of  the  said  infants  in,  and  to  all  that  certain  (here 
insert  description.) 


PRACTICAL   FORMS.  281 

To  have  and  to  hold  the  said  premises,  and  every  part 
and  parcel  thereof,  with  the  ap})urtenances,  to  the  said  G. 
H.,  his  heirs  and  assigns,  to  his  and  their  only  proper  use, 
benefit  and  behoof,  forever. 

In  witness  whereof,  the  said  party  of  the  first  part,  has 
hereunto  set  his  hand  and  seal  the  day  and  year  first  above 
written.  E.  W.     [  l.  s.  ] 


[  No.  486.  ] 

Guardian's  report  of  the  investment  and  disposition  of  proceeds 

of  sale. 
(Title.) 

To  the  justices  of  the  supreme  court : 

I,  E.  W.,  the  special  guardian  of  the  above  infants,  hav- 
ing been  required  by  an  order  of  this  court,  made  on  the 
sixth  day  of  July,  1852,  to  invest  on  bond  and  mortgage  for 
the  benefit  of  the  said  infants,  the  residue  of  the  proceeds  of 
sale  of  the  real  estate  of  the  said  infants,  which  should 
remain  after  paying  the  expenses  of  such  sale,  together  with 
the  costs  of  the  proceedings  and  the  gross  sum  to  be  paid  to 
the  said  E.  F.,  in  satisfaction  for  her  right  of  dower  in  the 
said  premises,  and  to  make  a  return  to  the  court  in  writing 
and  upon  oath  of  the  investment  and  disposition  of  such 
residue  of  the  proceeds — do  respectfully  report : 

That  the  residue  of  the  said  proceeds,  after  paying  there- 
out the  sums  directed  by  such  order  to  be  paid  by  me, 
amounted  to  the  sum  of  $  which  I  have  invested  at 

an  interest  of  seven  per  cent,  per  annum,  payable  semi-an- 
nually, on  good  security,  by  bond  and  mortgage,  to  wnt  : 
the  bond  of  C.  L.  of  the  city  of  Albany,  and  a  mortgage 
executed  and  acknowledged  by  him  and  his  wife  to  the  said 
inf^ints  upon  unincumbered  real  estate  in  the  city  of  Albany, 
worth  double  the  value  of  such  proceeds  ;  which  mortgage 
I  have  caused  to  be  recorded  in  the  office  of  the  clerk  of  the 
county  of  Albany.     All  which  is  respectfully  submitted. 

Albany,  August  7,  1852. 

E.  VV. 

(Add  the  usual  jurat.) 


282  PRACTICAL  FORMS. 


PROCEEDINGS  IN  FORECLOSURE  OF  MORTGAGES 
BY  ADVERTISEMENT. 

[  No.  487.  ] 

Foreclosure  of  Mortgage  hy  advertisement  and  sale. — JYotice  of 

sale. 

Mortgage  Sale. — By  virtue  of  a  mortgage,  bearing  date 
January  I,  1845,  W.  C.  and  E.  his  wife,  of  the  city  of 
Albany,  conveyed  to  B.  A.  of  said  city,  certain  premises 
described  in  said  indenture  as  follows  :  (insert  description 
of  premises.)  Said  mortgage  with  the  power  of  sale  therein 
contained  was  recorded  in  the  clerk's  office  of  the  city  and 
county  of  Albany,  the  17th  day  of  February,  A.  D.  1845,  at 
10  o'clock,  A.  M.,  in  book  of  mortgages  No.  78,  on  page 
600,  &c.  The  amount  due  on  said  mortgage  at  the  time  of 
the  first  publication  of  this  notice  is  four  hundred  and  fifty 
dollars.  Now  therefore,  notice  is  hereby  given  that  said 
mortgaged  premises  will  be  sold  at  public  auction  to  the 
highest  bidder,  on  the  10th  day  of  August,  1852,  at  12 
o'clock,  noon,  in  the  rotunda  of  the  merchants'  exchange, 
in  the  city  of  Albany.     Dated  May  24,  1852. 

B.  A.  Mortgagee. 

F.  H.  Attorney. 


f  No.  488.  J 

Affidavit  of  publication — annexed  to  a  copy  of  the  foregoing. 

Albany  City  and  County,  ss :  A.  B.,  of  said  city,  being 
sworn  says,  that  he  is  the  foreman  in  the  office  (or  one  of 
the  proprietors)  of  the  Albany  Evening  Atlas,  a  public 
newspaper  printed  and  published  in  the  county  of  Albany, 
where  the  premises  described  in  the  annexed  printed  notice 
of  sale,  or  a  part  thereof,  are  situated.  Deponent  further 
says,  that  the  notice  of  the  mortgage  sale,  of  which  a  printed 
copy  is  hereunto  annexed,  was  published  in  said  newspaper 
for  twelve  weeks  successively,  at  least  once  in  each  week. 


PRACTICAL  FORMS.  283 

prior  to  the  time  specified  in  said  notice  for  the  sale  of  said 
premises;  said  notice  was  first  so  published  on  the  24th 
day  of  May,  1852,  and  continued  for  twelve  weeks  at  least, 
successively,  at  least  once  in  each  week,  and  last  so  pub- 
lished on  the  9th  day  of  August,  1852. 

Sworn,  &c.  A.  B. 


[  No.  489.  ] 
Proof  of  posting  notice — annexed  to  the  foregoing. 

City  and  County  of  Albany,  ss :  C.  D.,  of  the  city  of 
Albany,  being  sworn  says,  that  he  did  on  the  24th  day  of 
May,  1852,  and  at  least  twelve  weeks  prior  to  the  time 
specified  in  the  annexed  printed  notice,  for  the  sale  of  the 
mortgaged  premises  therein  described,  affix  a  copy  of  the 
annexed  printed  notice  in  a  conspicuous  place,  and  in  a 
proper  and  substantial  manner,  on  the  outer  door  of  the 
city  hall  or  building,  in  the  city  of  Albany,  where  the 
county  courts  are  appointed  to  be  held  in  and  for  the  county 
of  Albany,  in  which  said  mortgaged  premises  are  situated, 
that  being  the  court  house  or  building  where  the  county 
courts  of  said  county  are  appointed  to  be  held,  nearest  to 
said  mortgaged  premises. 

Sworn,  &c.  C.  D. 


[  No.  490.  J 

Proof  of  service  of  notices. 

Albany  City  and  County,  ss  :  E.  F.,  of  said  city,  being 
sworn  says,  that  he  did,  at  least  twenty-eight  days  prior  to 
the  time  specified  in  the  annexed  printed  notice  for  the  sale 
of  the  mortgaged  premises  therein  described,  serve  upon  L. 
M.  a  copy  of  the  annexed  printed  notice,  by  depositing  the 
same  in  the  post  office,  properly  folded  and  directed  to  the 
said  L.  xM.,ut  Boston,  his  place  of  residence,  and  that  at  least 
fourteen  days  prior    to  the  time   specified  in  the  annexed 


284  PRACTICAL  FORMS. 

printed  notice  of  sale  of  the  mortgaged  premises  therein 
described,  he  served  personally  upon  N.  P.  a  like  printed 
notice  of  sale,  by  handing  the  same  to  and  leaving  the  same 
with  the  said  N.  P.,  and  that  at  least  fourteen  days  prior 
to  the  said  specified  time  of  sale,  he  served  a  like  notice 
upon  R.  S.,  by  leaving  the  same  at  the  dwelling  house  of  the 
said  R.  S.,  in  charge  of  a  person  of  a  suitable  age. 

Sworn,  &c.  E.  F. 


[  No.  491.  ] 

Proof  of  sale  by  the  auctioneer. 

Albany  City  and  County,  ss  :  G.  H.,  of  the  city  of  Albany, 
in  the  county  of  Albany  and  State  of  New  York,  being  duly 
sworn  says,  that  he  officiated  as  auctioneer  at  the  sale  of  the 
mortgaged  premises  described  in  the  annexed  printed  copy 
of  the  notice  of  sale.  Deponent  further  says,  that  such  sale 
was  made  at  public  auction  in  the  day  time,  and  was  con- 
ducted fairly  and  openly  in  pursuance  of  such  notice.  De- 
ponent further  says,  that  such  sale  took  place  at  twelve 
o'clock,  noon,  on  the  tenth  day  of  August,  1852,  at  the  place 
mentioned  in  said  printed  notice,  to  wit :  the  rotunda  of  the 
Merchants'  Exchange,  in  the  city  of  Albany,  in  the  county 
of  Albany,  where  the  premises  sold  (or  some  part  thereof) 
are  situated  ;  that  the  premises  so  far  as  the  same  consisted  of 
distinct  tracts,  farms  or  lots,  were  sold  separately,  and  no 
more  tracts,  farms  or  lots  were  sold  than  were  necessary  to 
satisfy  the  amount  claimed  to  be  due  on  said  mortgage  in 
said  notice,  at  the  day  of  the  first  publication  thereof,  and 
interest  and  costs  and  expenses  allowed  by  law.  Deponent 
further  says,  that  every  part  of  said  premises  sold  by  depo- 
nent was  fairly  struck  off  and  sold  to  the  highest  bidder, 
and  that  the  sum  of  five  hundred  dollars  was  the  highest 
sum  bid,  and  E.  W.  the  highest  bidder  for  and  the  purchaser 
of  the  premises  described  in  said  notice  of  sale. 

Sworn,  &c.  G.  H. 


PRACTICAL  FORMS.  285 

[  No.  492.  ] 
Costs  in  foreclosure  of  mortgage  hy  advertisement. 

Statute  Foreclosure,   ") 

B.  N.  f 

agH  C 

W.  C,  L.  iM.  and  N.  P. ) 

Drawing  notice  of  sale,  fol.  6,  at  25c. ;  engrossing, 

at  12.ic., $2  25 

Printer's  fees  for  publication, 16  20 

County  Clerk's  fees  for  searches, 1  30 

Copy  notice  for  printer's  affidavit,  fol.  6,  at  122C.,         75 
Drawing  affidavit  of  printer,  fol.  1,  25c.  ;  engross- 
ing, 12^c. ;  affidavit,  12^c., , 50 

Copy  notice  to  post,  75c. ;  posting,  $1, 1   75 

Three  copies  to  serve,  at  75c.   each;    serving,^! 

each, 5  25 

Drawing  affidavit  of  posting,  fol.    1,  at  25c. ;  en- 
grossing, 12.^c.  ;  affidavit,  12.^c., 50 

Copy  notice  for  affidavit  of  posting,  fol.  6,  at  122C.,         75 
Drawing  proof  of  service  of  notice,  fol.  1,  at  25c,; 

engrossing,  12^c. ;  affidavit,  12.^c., 50 

Copy  notice  for  proof  of  service  of  notice,,  fol.  6, 

at  12^c., ..         75 

Attorney's  fees  by  statute, 10  00 

Drawing  and  engrossing  condition  of  sale,   fol.  2, 

at  37.ic, 75 

Drawing  and  engrossing  copy  costs,  fol.  2,  at  37^c.,         75 
Recording  papers  (when  mortgagee  is  the  buyer,) 
fol.  20,  at 


286  PRACTICAL  FORMS. 


PROCEEDINGS  FOR  THE  ADMEASUREMENT  OF 

DOWER. 

[  No.  493.  ] 

Petition  for  the  appointment  of  guardian  for  infant  in 
admeasurement  of  dower. 

To  the  justices  of  the  supreme  court  of  the  State  of  New 
York : 

The  petition  of  A.  B.,  of  the  city  of  Albany,  respectfully 
shows,  that  she  is  the  widow  of  C.  B.,  late  of  said  city, 
deceased,  that  the  said  A.  B.  was  lawfully  married  to  the 
said  C.  B.  in  his  lifetime,  and  lived  and  cohabited  with  him 
until  the  time  of  his  death,  which  was  on  the  5th  day  of  May, 
1852.  That  the  said  C.  B.,  during  such  marriage  and  coha- 
bitation, was  seized  of  an  estate  of  inheritance,  of  and  in  the 
following  lands,  tenements  and  hereditaments  situate  in  said 
city, (here  describe  the  premises.)  And  your  petitioner  further 
shows,  that  E.  F.  an  infant  under  the  age  of  fourteen  years, 
to  wit,  of  the  age  of  twelve  years,  son  and  heir  at  law  of  the 
said  C.  B.,  deceased,  claims  to  be  among  the  owners  thereof 
as  one  of  the  heirs  at  law  of  the  said  C.  B.  deceased. 

Your  petitioner  therefore  prays  this  court  that  some  suit- 
able person  may  be  appointed  guardian  of  the  said  infant, 
to  take  charge  of  the  rights  and  interests  of  the  said  infant 
in  the  premises,  in  order  that  your  petitioner  may  at  once 
proceed  in  this  court  and  obtain  the  admeasurement  of  her 
dower  in  the  said  premises. 

A.  B. 

(Add  the  usual  jurat  to  the  petition.) 


PRACTICAL   FORMS  287 

[  No.  494.  ] 

Order  appointing  guardian. 

At  a  special  term,  &c. 

In   the   matter   of  the   application  oO 
A.  B.,  for  admeasurement  of  dower.  ^ 

On  reading  and  filing  the  petition  of  A.  B.,  widow  of  C. 
B.,  deceased,  alleging  that  the  said  petitioner  is  about  to 
make  application  to  this  court,  for  the  admeasurement  of  her 
dower  in  certain  lands  and  tenements  in  the  city  of  Albany, 
as  the  widow  of  the  said  deceased,  and  that  E.  F.,  an  heir 
of  the  said  deceased,  is  a  minor  under  the  age  of  fourteen 
years,  and  praying  that  a  guarcHan  may  be  appointed  for 
him  by  this  court,  pursuant  to  the  Revised  Statutes  of  this 
State  in  such  case  made  and  provided  ;  and  on  motion  of  L. 
M.,  attorney  for  the  said  petitioner,  it  is  hereby  ordered,  that 
N.  P.,  a  freeholder  of  said  city,  be  and  he  is  hereby  appoint- 
ed guardian  of  the  said  E.  F.,  minor  aforesaid,  for  the  sole 
purpose  of  appearing  for  and  taking  care  of  the  interest  of 
the  said  minor  in  the  premises. 


[  No.  495.  ] 

Petition  for  the  admeasurement  of  dower. 

To  the  justices  of  the  supreme  court  of  the  State  of  New 
York: 

The  petition  of  A.  B.,  of  the  city  of  Albany,  respectfully 
shows,  that  she  is  the  widow  of  C.  B.,  late  of  said  city,  de- 
ceased ;  that  the  said  A.  B.,  was  lawfully  married  to  the 
said  C.  B.  in  his  life  time,  and  lived  and  cohabited  with  him 
in  his  life  time  until  the  time  of  his  death,  which  was  on  the 
fifth  day  of  May,  1852.  That  the  said  C.  B.,  during  such 
marriage  and  cohabition,  was  seized  of  an  estate  of  inherit- 
ance of  and  in  the  following  lands,  situate  in  said  city ;  and 
that  E.  F.  an  infant  child,  son  and  heir  at  law  of  the  said 
C.  B.,  and  G.  H.,  claim  to  be  among  the  owners  thereof,  as 


2S8  PRACTICAL  FORMS. 

the  heirs  at  law  of  the  said  C.  B.  Said  premises  are  bounded 
and  described  as  follows,  viz  :  (insert  description  of  the 
premises.)  Your  petitioner  therefore  prays  for  an  order  that 
admeasurement  of  dower  may  be  made  in  the  lands  and  pre- 
mises above  described,  and  that  three  reputable  and  disin- 
terested freeholders  mjiy  be  appointed  commissioners  for 
the  purpose  of  making  admeasurement,  pursuant  to  the  Re- 
vised Statutes  of  this  State  in  such  case  made  and  provided. 

A.  B. 
(Annex  the  usual  affidavit  to  the  petition.) 


[  No.  496.  J 

J^otice  to  the  heirs  and  others  who  claim  a  freehold  m  the  lands 
sought  to  he  admeasured. 

To  the  heirs  of  C.  B.,  late  of  the  city  of  Albany,  deceased, 
and  such  other  persons  who  claim  a  freehold  estate  in  the 
lands  described  in  the  petition  hereunto  annexed  : 

Take  notice,  that  a  petition,  of  which  the  annexed  is  a 
copy,  will  be  presented  to  the  supreme  court,  at  the  next 
special  term  thereof,  to  be  held  at  the  city  hall  in  the  city  of 
Albany,  on  the  last  Tuesday  of  July  next,  at  the  opening 
of  court. 

Albany,  July  1,  1852. 

Yours,  &c., 

A.B. 

L.  M.,  Attorney. 


[  No.  497.  ] 
Order  for  admeasurement  and  appointing  commissioners. 

At  a  special  term,  &c. 
(Title.) 

On  reading  and  filing  the  petition  of  A.  B.,  widow  of  C. 
B.,  late  of  the  city  of  Albany,  deceased,  and  the  notice  ac- 
companying the  same,  and  proof  of  due  service  of  the  said 


PRACTICAL  FORMS.  289 

petition  and  notice  on  E.  F.,  and  N.  P.,  his  guardian,  and 
on  G.  H.,  and  after  hearing  counsel  for  the  said  petitioner, 
and  the  said  E.  F.  and  G.  H.,  the  facts  and  allegations 
set  forth  in  the  said  petition  having  been  admitted,  it  is 
ordered,  that  admeasurement  of  the  dower  of  the  said  widow- 
be  made  of  the  lands  of  the  said  C.  B.,  her  husband,  speci- 
fied in  her  said  petition;  and  further,  that  R.  S.,  T.  U.,  and 
V.  W.,  three  reputable  and  disinterested  freeholders  be 
commissioners  for  the  purpose  of  making  such  admeasure- 
ment. 


[  No.  498.  ] 

Oath  of  commissioners. 

I  do  sw^ear  that  I  will  honestly  and  impartially  discharge 
the  duty,  and  execute  the  trust  reposed  in  me  by  the  within 
appointment. 

Severally  sworn,  &c.  R.  S. 

T.  U. 
V.  W. 


[  No.  499.  ] 

Report  of  commissioners. 

To  the  justices  of  the  supreme  court : 

We,  the  subscribers,  R.  S.,  T.  U.  and  V.  W.  commission- 
ers appointed  by  order  of  this  court,  dated  the  twenty-seventh 
day  of  July,  1852,  to  admeasure  and  lay  oif  for  the  dower  of 
A.  B.,  widow  of  C.  B.,  deceased,  the  one-third  part  of  the 
land  and  premises  hereinafter  described,  of  which  the  said 
C.  B.  was  seized  during  the  period  of  his  intermarriage  with 
the  said  A.  B.,  situated  in  the  city  of  Albany,  now  in  the 
possession  of  E.  F.  and  G.  H.,  heirs  of  the  said  deceased, 
which  said  appointment  is  hereunto  annexed,  do  respectfully 
report,  that  we,  the  said  commissioners,  first  having  been 
sworn  before  legal  authority,  honestly  and  impartial] v  to 
19 


290  PRACTICAL    FORMS. 

discharge  the  duty,  and  execute  the  trust  reposed  in  us  by 
the  said  appointment,  did,  on  the  first  day  of  August,  1852, 
meet  at  the  city  of  Albany,  on  the  premises  hereinafter  de- 
scribed, to  discharge  the  duty  and  exercise  the  trust  afore- 
said, and  as  well  the  said  A.  B.  as  the  said  E.  F.  and  G.  H., 
by  their  respective  attorneys,  appeared  at  the  time  and  place 
aforesaid,  (or  were  personally  notified  to  appear  at  the  time 
and  place  aforesaid.)  Whereupon,  we,  the  said  commis- 
sioners, caused  a  survey  of  the  said  lands  and  premises  set 
forth  in  the  petition  filed  herein  and  hereafter  more  particu- 
larly described,  to  be  made  (in  the  presence  of  the  said  par- 
ties,) that  is  to  say,  (here  describe  the  premises  agreeably 
to  the  survey,)  a  map  of  which  survey  is  hereunto  annexed  ; 
and  we  do  further  report,  that  we  have  admeasured  and  al- 
lotted to  the  said  A.  B.  for  her  dower,  the  one-third  part  of 
the  said  premises,  as  follows  :  (here  describe  particularly 
the  part  allotted  to  the  widow  as  her  dower.)  We  do  fur- 
ther report,  that  the  following  are  the  items  of  the  charges 
attending  said  admeasurement,  (stating  the  several  items.) 
Given  under  our  hands,  this  fourth  day  of  August,  1852. 

Ix.   o. 

T.  U. 
V.  W. 


[  No.  500.  ] 

Order  confirming  commissioners^  report. 

At  a  special  term,  &c. 
(Title.) 

On  reading  and  filing  the  report  of  R.  S.,  T.  U.  and  V. 
W.,  commissioners  appointed  pursuant  to  the  former  order 
of  this  court,  on  the  petition  of  A.  B.,  widow  of  C.  B.,  de- 
ceased, situate  in  the  city  of  Albany,  whereof  the  said  de- 
ceased was  seized  of  an  estate  of  inheritance,  from  which 
report  it  appears  among  other  things,  that  after  having  been 
sworn  before  legal  authority,  faithfully,  honestly  and  impar- 


PRACTICAL   FORMS.  291 

tially  to  discharge  the  duty,  and  execute  the  trust  reposed 
in  them  by  the  said  appointment,  they  did,  on  the  first  day 
of  August;  1852,  in  the  presence  of  the  respective  attorneys 
of  the  said  A .  B.,  E.  F.,  and  G.  H.,  (or  after  they  had  served 
due  notice  of  their  proceedings  on  the  said  A.  B.,  E.  F.  and 
G.  H.)  cause  a  survey  to  be  made  of  the  lands  and  premises 
in  the  said  petition  and  report  mentioned,  as  reference  being 
thereto  had  will  more  fully  appear,  and  caused  a  map  there- 
of to  be  made;  and  that  they  had  admeasured  and  allotted 
to  the  said  A.  B.,  for  her  dower,  the  one-third  part  of  the 
said  lands  and  premises,  which  third  part  so  admeasured 
and  allotted  will  fully  appear  by  the  said  report  this  day 
filed  in  this  court : 

Now,  on  motion  of  L.  M.,  of  counsel  for  the  said  peti- 
tioner, no  one  appearing  to  oppose,  (or  after  hearing  B.  C, 
of  counsel  for  the  said  E.  F.  and  G.  H.,)  it  is  ordered  that 
the  said  report  and  admeasurement  be  and  the  same  is  in  all 
respects  confirmed. 


PROCEEDINGS  TO  COMPEL  THE  DETERMINATION 

OF  CLAIMS  TO  REAL  PROPERTY  IN  CER  TAIN 

CASES,  UNDER  TITLE  II,  CHAP.  V,  PART 

HI,  OF  THE  REVISED  STATUTES. 

[  No.  50L  J 

J^otice  to  compel  the  deterniination  of  claims  to  real  property. 

A.  B.,  Esq.,  Sir :  Please  to  take  notice,  that  I  claim  title 
to  the  following  lands,  tenements  and  real  estate,  and  which 
have  been  continually  for  more  than  three  years  last  past, 
and  still  are  in  my  actual  possession  (or  in  the  actual  pos- 
session of  myself  and  of  those  from  whom  I  derive  title,) 
which  said  lands,  tenements  and  real  estate,  are  bounded 
and  described  as  follows:  (insert  description.)  And  that 
the  estate  I  have  and  claim  therein  is  in  fee,  (or  for  the  life 


292  PRACTICAL   FORMS. 

of  myself  or  the  life  of  C.  D.,  or  for  a  term  of  years  not  less 
than  ten)  and  that  I  hold  the  same  as  the  heir  (or  devisee)  of 
G.  H.,  (or  as  purchaser  from  L.  M.)  who  derived  his  title 
from  (here  set  forth  the  chain  of  title.)  And  I  further  give 
you  notice  that  you  unjustly  claim  title  to  the  said  premises, 
and  that  unless  you  appear  in  the  supreme  court  of  the  State 
of  New  York,  within  the  time,  and  assert  your  claim  in  the 
manner  provided  by  law,  you  and  all  persons  claiming  under 
you,  will  be  forever  barred  from  all  claim  to  any  estate  of 
inheritance  of  freehold  in  possession,  reversion  or  remain- 
der in  the  premises  described  in  this  notice. 

Dated  May  5,  1852. 

N.  P. 
B.  E.,  Attorney. 


[  No.  502.  J 
Proof  of  service  of  the  foregoing  notice. 

City  and  County  of  Albany,  ss  :  G.  S.,  being  sworn  says, 
that  on  the  seventh  day  of  May,  1852,  he,  this  deponent, 
served  on  S.  Q.,  at  Albany,  who  was  then  of  full  age,  not 
insane,  or  imprisoned  on  any  criminal  charge  or  conviction, 
(or  if  a  woman,  add  "  and  not  being  a  married  woman")  a 
notice  signed  by  N.  P.,  and  of  which  the  within  is  a  copy, 
by  then  and  there  delivering  the  same  to  the  said  S.  Q., 
personally. 

Sworn,  &c.  G.  S. 


[  No.  503.  ] 

Order  to  he  entered  on  serving  the  above. 

(Title.) 

On  filing  a  notice  from  N.  P.,  in  accordance  with  the  pro- 
visions of  title  II,  chapter  V,  part  III  of  the  Revised  Statutes, 
directed  to  S.  Q.,  and  on  filing  proof  of  due  service  on  the 
said  S.  Q :  Ordered,  that  the  said  S.  Q.  appear  and  plead 
thereto  within  forty  days  after  the  entry  of  this  rule  (or  order.) 


PRACTICAL  FORMS.  293 

[  No.  504.  ] 

Order  for  dt fault  entered. 

(Title.) 

S.  Q.  not  having  appeared  or  pleaded  according  to  an 
order  heretofore  entered  on  behalf  of  N.  P.  in  the  above 
matter:  Ordered,  that  the  default  of  the  said  S.  Q.  be  and 
the  same  is  hereby  entered. 


[  No.  505.  ] 
Judgment  roll  an  default  on  the  foregoing. 

(Annex  to  the  original  notice  and  proof  of  service  a  certi- 
fied copy  of  the  order,  and  proof  that  no  pleading  has  been 
received,  then  the  following  :) 

N.  P.) 
agt.    >  Judgment,  August  5,  1852. 

S.  Q.) 
The  notice  in  this  proceeding  having  been  served,  and 
the  order  to  plead  herein  having  been  entered  more  than 
forty  days  previous  to  this  date,  and  no  (copy,)  plea  or  no- 
tice of  appearance  having  been  served  upon  the  said  N.  P., 
or  his  attorney  herein  :  Now,  on  motion  of  B.  E.,  attorney 
for  the  said  N.  P.,  it  is  hereby  adjudged  that  the  said  S.  Q. 
and  all  persons  claiming  under  him,  by  title  accruing  subse- 
quently to  the  service  of  the  aforesaid  notice,  be  forever 
barred  from  all  claim  to  any  estate  of  inheritance  or  free- 
hold in  the  said  premises. 


[  No.  506.  J 

Plea  of  disclaimer. 

And  the  said  S.  Q.,  by  I\I.  C.  his  attorney,  comes  and 
pleads  to  the  notice  served  upon  him  by  N.  P.,  under  the 
second  title,  &c.,  of  the  Revised  Statutes,  and  says,  that  the 
said  N.  P.  ought  to  be  barred  from  all  further  proceedings, 


294  PRACTICAL  FORMS. 

of  and  upon  such  notice  :  Because,  he  says,  he  disclaims 
all  right,  title  and  claim  to  any  estate  of  inheritance,  or  of 
freehold  in  the  premises  described  in  such  notice,  which 
premises  are  bounded  and  described  as  follows  :  (insert  de- 
scription.) 


[  No.  507.  J 

Judgment  on  plea  of  disclaimer. 

(Title.) 

This  matter  having  been  brought  to  a  hearing,  on  the  no- 
tice, order  and  plea  of  disclaimer  herein:  On  motion  of  B. 
E.,  attorney  for  the  said  N.  P.,  after  hearing  M.  C,  attorney 
for  the  said  S.  Q.,  it  is  ordered  and  adjudged,  that  a  judg- 
ment of  discontinuance,  with  costs  to  the  said  S.  Q.  be  en- 
tered herein  ;  but  the  said  S.  Q.,  and  all  persons  claiming 
under  him  by  title,  accruing  subsequently  to  the  service  of 
the  notice  in  this  matter,  shall  be  forever  barred  from  all 
claim  to  any  estate  of  inheritance  or  freehold  in  the  said 
premises. 


APPEALS  FROM  SURROGATES'  COURTS. 

[  No.  508.  J 

JYotice  of  appeal. 

Albany  Surrogate's  Court. 
In  the  matter  of  the  final  accounting 

of  A.  B.,  executor  of  the  last  will 

and   testament  of  C.  D.,  deceased. 

A  sentence  or  decree  having  been  entered  in  the  office  of 
the  surrogate  of  the  county  of  Albany,  on  the  tenth  day  of 
May,  1852,  in  the  above  matter,  and  the  said  A.  B.,  execu- 
tor, &c.,  (or  E.  F.)  conceiving  himself  aggrieved  by  the  said 


PRACTICAL  FORMS.  295 

sentence  or  decree,  doth  hereby  appeal  from  the  same,  and 
every  part  thereof,  (or  from  the  following  portion  of  said 
decree,  state  what,)  to  the  supreme  court,  and  prays  that 
the  pleadings,  proofs  and  proceedings  may  be  transmitted 
to  the  supreme  court,  to  the  end  that  such  order  may  be 
made  thereupon  as  may  be  just. 

L.  M.,  Att'y  for  the  Appellant. 


[  No.  509.  J 

Bond  on  appeal. 

Know  all  men  by  these  presents,  that  we,  A.  B.,  G.  H. 
and  J.  K.,  all  of  the  city  of  Albany,  are  held  and  firmly 
bound  unto  E.  F.  in  the  sum  of  one  hundred  dollars,  to  be 
paid  to  the  said  E.  F.,  his  executors,  administrators  or 
assigns.  For  which  payment  well  and  truly  to  be  made,  we 
bind  ourselves,  our  heirs,  executors  and  administrators, 
jointly  and  severally,  firmly  by  these  presents.  Sealed  with 
our  seals,  and  dated  the  12th  day  of  May,  1852. 

Whereas,  the  above  named  A.  B.  has  appealed  to  the  su- 
preme court  from  an  order  or  decree  of  the  surrogate  of  the 
county  of  Albany,  made  on  the  tenth  day  of  May,  1852,  in 
the  matter  of  the  final  accounting  of  A.  B.,  executor  of  the 
last  will  and  testament  of  C.  D.,  deceased  : 

Now,  therefore,  the  condition  of  this  obligation  is  such, 
that  if  the  said  appellant  shall  diligently  prosecute  his  said 
appeal,  and  shall  pay  all  costs  that  shall  be  adjudged  against 
him  by  the  supreme  court  on  the  said  appeal,  then  this  obli- 
gation to  be  void  ;  otherwise  to  be  and  remain  in  full  force 

and  virtue. 

A.  B.  [l.  s.j 

G.  H.  [l.  s.j 

J.  K.  [l.  s.j 


296  PRACTICAL  FORMS. 

[   No.  510.   ] 
Petition  of  appeal  from  a  surrogate. 

In  Supreme  Court. 

A.   B.,  executor,  &c.  of  C.   D.,  de- 
ceased, appellant. 

vs. 
E.  F.,  respondent. 

To  the  supreme  court  of  the  State  of  New-York : 
The  petition  of  A.  B.,  executor,  &c.,  appellant,  respect- 
fully shows : 

That  heretofore,  the  above   named  appellant,  was  in  due 
form,  by  the  surrogate  of  the  county  of  Albany,  qualified  as 
executor  of  the  last  will  and  testament  of  C.  D.,  deceased, 
and  letters  issued  to  and  were  received  by  your  petitioner. 
That  your  petitioner  afterwards,  upon  the  application  of 
X.  Y.,  as  one  of  the  next  of  kin  (or  a  creditor)  of  the  said 
C.  D.,  was  cited  by  said  surrogate  to  account  as  such  exe- 
cutor.    Upon  which  citation,  your  petitioner  desired  of  said 
surrogate,   as  is  provided  for  by  the  statute,  that  such  ac- 
count might  be  finally  settled  ;  which  was  so  ordered  accor- 
dingly.    That  thereupon  an  account,  duly  verified,  was  ren- 
dered to  the  said  surrogate  by  the  said  executor  ;  which  be- 
ing unsatisfactory  to  the  said  E.  F.,  the  respondent  herein, 
as  one  of  thesj  next  of  kin  (or  a  creditor)  of  the   decedent, 
the    same    was    controverted  by  the   said  respondent,  and 
affirmed  to  be  sufficient  (or  correct)  by  your  petitioner.     An 
issue  being  thus  formed,  the  respective  parties  proceeded 
before  the  said  surrogate,  with   evidence   written   and  oral, 
on  the  part  of  the  respondent  to  impeach,   and  on  the  part 
of  the  appellant  to   sustain   their   respective  allegations  on 
such  accounting. 

That  after  said  proof  was  taken,  and  a  hearing  was  had 
upon  the  matter  before  such  surrogate,  a  sentence  or  decree 
was  pronounced  by  him  on  the  tenth  day  of  May,  1852,  by 
which  the  appellant  was  directed  to  (here  set  out  so  much 
of  the  order  as  is  claimed  to  be  wrong,  and  from  which  the 
appeal  is  taken.) 


PRACTICAL   FORMS.  297 

This  appellant  being  advised  that  the  said  sentence  or 
decree  is  erroneous,  has  appealed  therefrom  to  this  court ; 
and  states,  among  other  grounds  of  error  therein,  the  fol- 
lowing:  First,  (here  set  out  the  various  grounds  of  error 
in  the  decision  of  the  surrogate.) 

Your  petitioner  therefore  prays  that  the  said  E,  F.,  who 
is  intended  to  be  made  a  party  respondent  to  this  appeal, 
may  be  required  to  answer  this  petition,  and  that  the  pro- 
ceedings and  decree  in  the  above  matter  in  the  surrogate's 
court,  may  upon  this  appeal  be  reviewed  by  this  court,  and 
that  the  sentence  or  decree  aforesaid,  for  the  errors  afore- 
said or  for  other  errors,  may  be  reversed,  modified,  or 
amended,  as  may  be  agreeable  to  equity.  • 

And  your  petitioner  will  ever  pray,  &c. 

Dated  May  11,  1852.  A.  B. 

L.  M.,  Attorney  for  the  appellant. 


[  No.  511.J 

Order  to  answer  the  petition  of  appeal. 
(Title.) 

On  reading  and  filing  due  proof  that  the  petition  of  appeal, 
together  with  the  transcript  of  the  proceedings  before  the 
surrogate,  have  been  duly  filed  in  the  office  of  the  clerk  of 
this  court,  and  on  motion  of  L.  M.,  Esq.,  attorney  for  the 
appellant :  Ordered,  that  the  respondent  answer  the  said 
petition  within  twenty  days  after  service  of  a  copy  of  said 
petition  and  notice  of  this  order,  or  that  in  default  thereof 
the  appellant  be  heard  ex  parte. 


[  No.  512.  J 

Answer  to  petition  of  appeal. 
(Title.) 

The  answer  of  E.  F.,  respondent,  to  the  petition  of  appeal 
of  A.  B.,  executor,  &c.,  of  C.  D.,  deceased. 

This  respondent  admits  that  a  sentence  or  decree  of  the 
date,  tenor  and  effect  in  the  said  petition  of  appeal  set  forth, 


298  PRACTICAL  FORMS. 

was  made  by  the  surrogate  of  the  county  of  Albany.  And 
this  respondent  is  advised  and  believes,  and  submits  that 
such  sentence  or  decree,  so  far  as  the  same  is  complained  of 
by  the  said  petition  of  appeal,  is  just  and  agreeable  to 
equity.  And  he  therefore  prays  that  the  said  sentence  or 
decree  may  be  affirmed,  and  that  as  to  those  matters  the 
said  petition  of  appeal  may  be  dismissed  by  this  honorable 
court,  with  costs  to  be  adjudged  to  this  respondent. 

E.  F. 
N.  P.,  Att'y  for  the  Respondent. 


[  No.  513.  ] 

Transcript  of  proceedings  before  the  surrogate. 

The  People  of  the  State  of  New  York,  by  the  grace  of 
God,  free  and  independent,  to  all  to  whom  these  presents 
may  come,  or  concern  :  The  following  are  true  copies  of 
the  proceedings,  evidence  and  decree  had  in  our  surrogate's 
court  of  the  county  of  Albany,  in  the  matter  of  the  final 
accounting  of  A.  B.,  executor,  &c.,  of  C.  D.,  deceased: 

(Title.) 

On  the  fifth  day  of  February,  1849,  letters  testamentary 
in  said  estate  were  issued  to  said  A.  B.,  and  the  said  A.  B. 
took  upon  himself  the  administration  of  the  effects  of  the 
said  deceased. 

On  the  second  day  of  April,  citation  on  application  of 
said  E.  F.,  issued  that  said  executor  render  his  account, 
which  citation  was  returnable  on  the  second  day  of  May, 
1852. 

On  the  second  day  of  May,  1852,  the  said  executor  ap- 
peared before  the  surrogate  with  L.  M.,  his  counsel,  and  N. 
P.  appeared  as  counsel  for  the  said  E.  F.  The  said  execu- 
tor then  and  there  rendered  his  final  account,  of  which  the 
following  is  a  portion  :  (here  set  out  the  portion  objected 
to.) 


PRACTICAL  FORMS.  299 

To  which  said  claims  (or  payment,  or  rei)ort,)  the  said  E. 
F.,  by  his  counsel,  objected,  and  to  maintain  the  issue  on  his 
part,  presented  the  following  testimony  : 

R.  C,  a  witness,  presented  on  the  part  of  the  said  E.  F., 
being  sworn,  deposed  as  follows  :  (here  set  out  the  testimo- 
ny of  E.  F.) 

And  the  said  A.  B.  to  maintain  the  issue  on  his  part,  pre- 
sented in  evidence  the  following :  (here  set  out  the  evidence 
presented  by  A.  B.) 

And  on  the  tenth  day  of  May,  1852,  a  decree  was  entered 
in  the  said  matter,  of  which  the  following  is  a  copy  :  (copy 
decree.) 

On  the  twelfth  day  of  May,  a  notice  of  appeal  from  such 
sentence  or  decree  was  filed  in  this  office,  of  which  the  fol- 
lowing is  a  copy  :  (insert  copy  of  appeal.) 

And  a  bond  has  been  duly  filed  in  this  court  and  approved 
by  such  surrogate. 

In  witness  whereof,   I  have  hereunto  set  my  hand  and 
affixed  the  seal  of  this  court,  this  thirtieth  day 

[  L.  s.  ]     of  Mayj  one  thousand  eight  hundred  and  fifty- 
two. 

0.  H.  C,  Surrogate. 


i 


INDEX. 


-•-•-•- 


•  •   •  • 


Absconding  Debtor,  &c., 
Affidavit  to  attach, 

Absent  Debtor, 

Order  to  publish  against, 

Affidavit  for  order  to  publish  against, 

Accord  and  Satisfaction, 

Answer  of,  •  • .  •  •  •  •  •  •  •  • 

Account, 

Affidavit  to  copy  furnished, 
Interlocutory  judgment  for. 
Demand  of  copy, 


•  •   •  • 


Accounting, 

Complaint  against  agent  for  not. 

Acknowledgment 

Of  undertakings,  .... 


•  •    •  • 


Page. 
..       15 

..     131 

15 

..  205 

,..       5 

, ,.     75 

..   107 

..   169 


Actions, 

Affidavit  to  consolidate,    ....         .... 

Notice  of  motion  to  consolidate,     .... 

Order  to  continue  against  representatives. 
Order  to  consolidate,  ....  .... 

Order  to  strike  from  calendar,         .... 


22 
111 
134 
136 
149 


302 


INDEX. 


Page. 

Affidavit, 

Annexed  to  summons  against  heirs                 ....  246 

Annexed  to  summons  against  joint  debtors,. . . .  247 

Of  tliird  party  as  to  value  of  infants'  estate, 275 

Of  printingnoticeinforeclosure by  advertisement,  282 

Of  sureties  in  an  undertaking,         ....          ....  1 

Of  service  of  summons,    ...            ....          ....  2 

To  complaint,  answer  or  reply,       ....          ....  2 

To  petition,         ....          ....          ....          ....  2 

Of  service  of  notice  of  motion,       ....          ....  3 

To  attach  sheriff,                ....         ....          •  •  • «  3 

To  obtain  copy  papers,     ....          ....          ...  4 

Of  merits,            ....          ....          ....          ....  o 

To  copy  of  account  furnished,        ....          ....  5 

To  move  for  judgment,  as  in  case  of  non  suit,  5 

"         "                 "             "         "         non  pros,  6 

To  move  for  a  commission,              ....          ....  6 

Of  agent  who  delivers  commission,               ....  7 

Of  defendant's  default,     ....          ....          ....  8 

Of  disbursements,              ....          ....          ....  8 

To  obtain  order  to  file  pleadings,   ....          ....  8 

To  put  off  trial  on  account  of  acts  of  plaintiff,  9 

«         "         "             "         of  witness,           9 

On  claim  of  delivery  of  personal  property,  ....  10 

Of  filing  notice  of  action  pending  in  foreclosure,     11 

To  obtain  a  reference  in  a  foreclosure  action,  12 

To  obtain  surplus  in  a  foreclosure  action,     ....  12 

Of  service  of  a  judge's  order,          ....          ....  13 

To  change  place  of  trial, ....          ....          ....  13 

To  petition  for  discovery,. .. .          ....          ....  14 

To  obtain  further  bill  of  particulars,              ....  15 

For  attachment,  ....          ....          ....          ....  15 

For  order  to  publish  summons,        ....          ....  16 

"         "         "               "         (another  form,)  17 

To  obtain  security  for  costs,            ....          ....  17 

To  set  aside  default,           ....          ....          ....  18 

To  set  aside  inquest,         ....          ....         ....  19 


INDEX  303 

Page. 

Affidavit, 

On  taxing  costs,. .. .  ....  ....  ....  19 

To  stay  proceedings  on  motion  for  new  trial,  20 

To  move  for  reference,     ....  ....  ....  20 

To  oppose  motion  for  reference,     ....  ....  21 

To  consolidate  actions,     ....  ....  ....  22 

To  move  for  a  special  jury,  ....  ....  22 

To  move  for  costs  of  circuit,  ....  ....  23 

To  move  for  new  trial  for  irregularity,  ....  23 

To  move  for  new  trial  for  newly  discovered  evi- 

ClcJllL'"*  ••••  ••••  ••••  ••••  -^4 

To  set  aside  proceedings  for  irregularity,    ....  25 

Of  plaintiff,  to  examine  witness  de  bene  esse,. ...  25 

Of  defendant,  to  examine  witness  de  bene  esse,  26 

To  hold  to  bail  for  injury  to  the  person,        ....  26 

"         "  "         "         "  property,  27 

To  hold  to  bail  in  slander,  ....  ....  27 

To  obtain  a  we  exeat,  ....  ....  ....  28 

To  discharge  2L  ne  exeat,     ....  ....  ....  29 

To  examine  judgment  debtor  in  supplementary 

proceedings,    ....  ....  ....  ....  29 

To  examine  third  person  as  to  judgment  debtor,  30 

Of  service  of  subpoena,     ....  ....  ....  30 

To  procure  habeas  corpus  ad  testificandum,. ...  31 

To  move  to  exonerate  bail,  ....  ....  31 

Of  publication  of  summons,  or  notice,  ....  32 

To  extend  time  to  plead,....  ....  ....  32 

To  obtain  order  to  perpetuate  testimony,     ....  33 

For  warrant  against  ships  and  vessels,  ....  33 

On  sale  of  real  estate,      ....  ....  ....  34 

To  obtain  injunction,        ....  ....         ....  35 


Agent, 


Affidavit  of,  who  delivers  a  commission. 
Complaint  against,  for  not  accounting. 
Complaint  against,  for  selling  on  credit, 


169 
170 


304 


INDEX. 


Amendment, 

Notice  for  leave  for,  .... 

Of  pleading,  order  allowing, 

Answer, 

Affidavit  to,         .... 

Order  for  further  time  for 

Commencements  of. 

Coverture  of  plaintiif. 

Coverture  of  defendant, 

Infancy  of  plaintiff, 

Defect  of  party  plaintiff, 

Statute  of  limitations, 

Of  duress,  .... 

Of  release,  .... 

Of  payment,        .... 

Accord  and  satisfaction, 

Discharge  under  insolvent  act, 

Of  usury,  .... 

Statute  of  frauds. 

Arbitrament  and  award, 

Judgment  recovered, 

Claiming  set  off,. .  . . 

Non-compliance  with  insurance  policy. 

Plaintiff  committed  first  assault,. 

Defendant  was  preserving  peace. 

Justifying  charge  of  perjury, 

Specific  denial,  .... 

Another  action  pending, 

Of  infant  in  foreclosure. 

Of  general  denial. 

Conclusions  of,  .... 

To  appeal  from  surrogate. 

Appeal, 

Judgment  of  affirmance  on. 
Judgment  of  reversal  on,. . . . 
To  the  general  term,  notice  of. 


Page. 

110 
139 

2 
125 
203 
203 
203 
204 
204 
204 
204 
205 
205 
205 
206 
207 
207 
208 
209 
209 
209 
210 
211 
211 
212 
213 
213 
214 
215 
297 

74 

75 

102 


INDEX. 


305 


Appeal, 

Undertaking  for  costs  on,. ...  .... 

Undertaking  to  stay  execution  on,. .  . . 

From  surrogate,. .. .  ....  .... 

Arbitrament  and  Award, 

Answer  of,  ....  ....  . . . . 


•   •    •  • 


Argument, 

Notice  of,  ....  .... 

Arrest, 

Undertaking  on,. .. .  .... 

Undertaking  to  discharge, 
Notice  of  motion  to  discharge  from. 
Of  judgment,  notice  of  motion  in,   . 
Of  judgment  debtor,  warrant  for 
Notice  of  motion  to  vacate  order  for 
Order  for,  and  hold  to  bail, 
Return  of,  ....  .... 

Assessment 

Of  damages,  notice  of,        .... 
Of  damages,  order  for,       .... 

Assault  and  Battery, 

Complaint  in,     ....  .... 

Answer  of  self-defence  in, 

Answer,  defendant  was  keeping  the  peace. 

Attachment 

Of  sheriff,  affidavit  for,     ....  ..... 

Of  defendant,  affidavit  for,  .... 

Against  sheriff,  ....  ....  .... 

Against  sheriff,  (another  form,)       .... 

Against  coroner,  ....  .... 

Against  witness,  ....  .... 

Against  absent,  concealed  and  non-residents 
Bond  on  discharge  against  ships,    .. 
Notice  of  motion  to  discharge. 
Notice  to  show  cause  why  not  issue, 
20 


P(iK«. 

253 

2.03 
294 

208 
99 

250 
250 
109 
117 
257 
120 
122 
234 

97 
141 

182 
210 
211 

3 

15 
35 
36 
37 
38 
39 
41 
120 
130 


306 


INDEX 


Attachment, 

Of  sheriff,  order  for, 

Of  witness,  order  for. 

Order  to  show  cause,  why  not  issue, 

For  contempt,  order  for. 

Return  to,  .... 

Return  to,  with  inventory 

Of  ships  and  vessels. 

Undertaking  on,. . . . 

Undertaking  to  discharge. 

Warrant  for,       .... 

Attorney, 

Consent  for  substitution  of,  .... 

Notice  of  substitution  of,. . . .  .... 

Bail, 

Affidavit  to  hold  for  injury  to  the  person, 
Affidavit  to  hold,  for  injury  to  property. 
Affidavit  to  hold  in  slander. 
Affidavit  to  move  for  exoneretur, 
Assignment  of  by  sheriff,.... 
Notice  of  render  in  discharge  of. 
To  arrest  and  hold  to,      .... 
Order  for  mitigation  of,     .... 
For  a  committur  on  surrender  of, 

Bailee, 

Complaint  for  not  taking  care  of  goods, 


Bill 


Page. 

. .  139 
.  140 
.  147 
.  148 
.  238 
.  261 
.  260 
.  249 
.  249 
.  256 

.  248 
.  248 

.  26 
.  27 
.  27 
31 
35 
101 
122 
122 
123 


...  171 


Of  plaintiff's  particulars,. . ..          ....          ....  39 

Of  defendant's  particulars,              ....          ....  40 

Of  exchange,  complaint  against  acceptor,     ....  159 

Of  exchange,  complaint  acceptor  against  drawer,  160 
Of  exchange,  complaint  against  acceptor,  draw- 
er and  endorser,             ....          ....          ....  160 

Of  exchange,  complaint  against  maker  for  non- 

QCCCptclIlCC*       ••••              ••«•              ••••              •••»  J.01 


INDEX  3q; 

Bond 

For  defendant's  costs,      ....          ....          ....  4.Q 

On  discharge  of  attachment  against  ships,      ...  41 

To  sheriff  on  a  ne  exeat,  ... .          ....          ....  41 

To  discharge  a  ne  exeat, 42 

Of  a  receiver, 43 

Of  receiver  under  chap.  2,  title  9,  of  Code, 44 

Of  general  guardian,         44 

Of  guardian  ad  litem  in  partition, ,. .  43 

Of  guardian,  on  sale  of  infant's  estate,          46 

On  allowing  injunction, 4-; 

For  payment  of  money,  complaint  on,          162 

Other  than  payment  for  money,  complaint  on,  164 

To  wife  before  coverture,  complaint  on,       165 

Of  next  friend,  in  partition,             269 

Of  guardian,  on  sale  of  infant's  estate,         276 

On  appeal  from  surrogate,                295 

(See  "  undertaking.") 

Breach 

Of  promise  to  marry,  complaint  on,  ....    172 

Calendar, 

Notice  of  motion  to  strike  cause  from,  119 

Order  to  strike  action  from,  I49 

Carrier, 

Complaint  against  for  loss  of  goods,  ....    168 

Case, 

Memorandum  of,  made  at  trial,       50 

Special,  prepared  at  trial, 50 

Amendments  proj)osed  to,  51 

To  move  for  a  new  trial, 51 

Certificate 

Of  clerk,  as  to  filing  notice  of  lis  pendens,  ....  52 

Of  clerk,  that  pleadings  are  not  tiled,  53 

Of  sheriff,  on  committur  of  defendant,  53 

Of  sheriff,  of  defendant  being  in  custody,  53 


308 


INDEX 


Certificate 

Of  service  of  summons  and  complaint,  . .  .  • 

Of  service  of  subpoena,     ....  ....  • .  .  • 

Of  deposit  of  money  in  place  of  undertaking,. . .. 

To  purchaser  of  land,        ....  ....  .... 

Of  sheriff,  (see  "return,") 


Check, 


Complaint  against  maker,. .. .  .... 

Complaint  against  maker  and  endorser. 


Circuit, 

Affidavit  to  move  for  costs  of. 

Notice  of  motion  for  costs  of, 

Order  for  a  reference  at, 

Order  to  put  off  trial  at, 

Order  for  costs  of, 

Subpoena  for,       .... 

Subpoena  ticket  for, 

Subpoena  for  party  for, 

Subpoena  ticket  for  party  for,  .... 

Stipulation  to  put  over,    ....  ... 

Claim 

Of  personal  property,  affidavit  on,..>. 

Notice  of  none  against  defendant,  .. . 

In  partition,  notice  of  none, 

To  surplus  moneys,  notice  of,  ... 

Against  ships  and  vessels, 

To  real  property,  to  compel  the  determination  of, 

Clerk's  Report 

On  assessment  of  damages,  ....  .... 

Commission, 

Affidavit  for,  '     ....  ....  ... 

Affidavit  of  agent  who  delivers. 

To  examine  foreign  witness, 

Notice  of  application  for,. . .  ... 

Notice  of  settling  interrogatories  on, 


rage. 

54 
54 
54 
55 


158 
158 

23 

114 
133 
135 
137 
240 
240 
241 
241 
245 

10 
102 
104 
105 
260 
291 

215 

6 

7 
55 
99 
99 


INDEX. 

Commission, 

Notice  of  motion  for, 
Order  for,  .... 

Summons  for  a  witness  in. 

Commissioners, 

In  partition,  order  for. 

Oath  of,  .... 

Report  of,  in  partition. 

Order  for,  in  dower, 

In  dower,  oath  of. 

In  dower,  order  confirming  report, 

Commitment 

For  contempt,  warrant  for, 

Complaint, 

Proof  of  service  of,  .... 

Affidavit  to,         ....  .... 

Judgment  on  dismissal  of. 
Demand  of  copy,  .... 

Order  for  further  time  to  prepare. 
Against  maker  of  a  prommissory  note, 
Against  maker  and  endorser  of  a  note, 
On  check  against  maker,  ....  .... 

On  check  against  maker  and  endorser, 
On  bill  of  exchange  against  acceptor. 
On  bill  of  exchange,  acceptor  against  drawer, 
On  bill  of  exchange  against  acceptor,  drawer  and 
ciKiorscr*  »•••  ••■«  ••••  •••• 

On  bill   of  exchange  against  maker  for  non-ac- 
ceptance, ....  .... 

For  work,  labor  and  services. 
For  goods  sold  and  delivered. 
For  use  and  occupation,   .... 

On  bond  for  payment  of  money. 

On  undertaking  on  appeal. 

On  bond  other  than  for  payment  of  money. 


309 

Page. 
114 

127 
244 

150 

152 
228 
288 
289 
290 

258 

2 

2 

74 

95 

125 

156 

157 

158 

158 

159 

160 

160 

160 
161 

162 
162 
162 
163 
164 


BIO 


INDEX. 


Complaint, 

By    husband    and  wife  on   bond  to   wife  before 
coverture,        ....  ....  .... 

By  executor  on  policy  of  life  insurance, 
On  policy  of  insurance  for  goods,  &c., 
Against  lessee  for  rent,     ....  .... 

For  the  non-delivery  of  goods  sold, 
Against  carrier  for  loss  of  goods,    .... 

Against  agent  for  not  accounting,  .... 

Against  agent  for  selling  on  credit. 

Against  bailee  for  not  taking  care  of  goods,.. 

For  breach  of  promise  to  marry,     .... 

"  "  "         (another  form,) 

Against  a  mechanic  for  bad  work,  ....  .... 

Against  inn  keeper  for  loss  of  a  trunk,  . .    . 

For  keeping  a  dog  accustomed  to  bite  mankind. 
For  keeping  a  dog  accustomed  to  bite  sheep,  &c.. 
For  libel,  ....  ....  .... 

For  slander,         ....  ....  .... 

For  crim.  con.  with  plaintiff's  wife, 
For  debauching  daughter  of  servant, 
For  infringftient  of  trade  mark,        .... 

On  a  covenant  of  quiet  enjoyment,. .  . . 

For  the  delivery  of  personal  property, 
For  assault  and  battery,    ....  .... 

For  false  imprisonment,    ....  .... 

For  trespass  to  real  property,         .... 

For  trespass  in  taking  goods,  .... 

On  undertaking  on  injunction,         .... 

Against  sheriff,  for  false  return,      .... 

Against  sheriff,  for  not  making  return. 
Against  sheriff,  for  an  escape,         .... 

For  breach  of  warranty  of  a  horse,. .  . . 

For  work,  labor  and  materials,        .... 

To  dissolve  marriage,  because  of  non-age. 
To  dissolve  marriage,  because  of  lunacy, 
To  dissolve  marriage,  for  physical  incapacity. 


Page. 

165 

166 

166 

167 

16 

168 

169 

170 

171 

172 

172 

173 

174 

174 

175 

176 

177 

177 

178 

179 

181 

182 

182 

183 

184 

185 

185 

186 

187 

187 

188 

189 

190 

191 

192 


INDEX. 


311 


Complaint, 

To  dissolve  marriage,  because  of  adultery. 
To  obtain  a  limited  divorce, 
To  foreclose  a  mortgage,. .  . . 

In  ejectment,       ....  .... 

In  ejectment  for  dower,    .... 

In  partition  of  infants'  estate. 

Compromise, 

Notice  of  offer  to,  •  •  •  • 

Acceptance  of  offer,  ... 

Confession, 

Judgment  on,      ....  .... 

Consolidate  Actions, 

Affidavit  to,         ....  •  •  •  • 

Order  for,  ....         •  •  •  • 

Contempt, 

Order  for  attachment  for,. .  . . 
Warrant  of  commitment  for. 

Copy 

Of  papers,  affidavit  to  obtain. 

Of  account,  furnished  affidavits  to. 

Of  contract,  order  to  furnish. 

Coroner, 

Attachment  against,  .... 

Corporation, 

Foreign,  attachment  against. 

Costs, 

Affidavit  to  obtain  security, 
Affidavit  on  taxing,  .>.. 

Of  circuit,  affidavit  for,     .... 
Bond  for  defendants, 
Execution  for  interlocutory, 
Notice  of  filing  security  for. 
Notice  of  taxing. 


•  •    •  • 


•   •    •  • 


P«ge. 

.  193 

,  195 

.  197 

.  199 

.  199 

.  270 

106 

107 

91 

•  •  •  •      %J  X 

■   •   •   •         'm^  J^ 

136 

148 

....  258 

•  •  •  •      ^ 

•  •  •  •      «-) 

124 

•  ■  •  •    <J  • 

•  •  •  •    o\j 

17 

19 

•   •   •   •         ^mlKj 

40 

GO 

....   Jo 

....  101 


312 


INDEX. 


Costs, 

Of  a  circuit,  notice  of  motion  for,    .... 
Notice  of  motion  for  security  for,    .... 
Alternative  order  to  furnish  security  for, 
Peremptory  order  to  furnish  security  for, 

"  "  (another  form,) 

Order  for  extra  allowance,  .... 

Order  for  costs  of  a  circuit,  .... 

In  foreclosure,  by  advertisement,   .... 

Countermand, 

Notice  of,  ....  ....  .... 

Counts, 

In  pleading,  order  to  strike  out,     ..,. 

Covenant, 

For  quiet  enjoyment,  complaint  on,. . . . 

Coverture, 

X  16£t  Ola  ••••  ••••  •••• 

Crim.  Con., 

Complaint  for,    ....  ....  .... 

Damages, 

Notice  of  assessment  of,    ..-.  .... 

Order  for  assessment  of,   ... .  .... 

Daughter, 

Complaint  for  debauching,  .... 

Decision, 

Notice  of,            ....  ....  .... 

Of  referee,           ....  ....  .... 

Of  court  on  inquest,  ....  ..-. . 

Sheriff's,  on  sale  under  execution,. . . . 
Sheriff's,  on  partition  or  mortgage,. . . . 
Complaint  on  covenant  in,  . .,. . 

On  sale  of  infant's  estate,. ...  .... 


Deed, 


Page. 

114 
117 
124 
124 
134 
134 
137 
285 


101 

137 

181 

203 

177 

•  •  •  •    %J  i 

141 

178 

100 

216 

89 

•  •  •  •    Of 

•  •  f  •  •    %JZ/ 

181 

•  •  •  «   /^  /  «7 


INDEX. 

Default, 

Of  defendant,  proof  of,     ....  .... 

Affidavit  to  set  aside,  ....  .... 

Notice  to  set  aside  judgment  in,  as  irregular, 

Defendant's  Default, 

Proof  of,  ....  ....  .... 

Demand, 

To  have  action  tried  in  proper  county, 
Of  copy  account,  ....  .... 

Of  delivery  of  personal  property,  .... 

Demurrer, 

For  defect  of  plaintiff,      ....  .... 

"             "         "         (another  form,) 

For  defect  of  defendant,   ....  .... 

For  misjoinder  of  action,. ...  .... 

Not  sufficient  facts  to  show  cause  of  action. 

To  answer,  for  insufficiency,  .... 


Denial, 

Answer  of 

specific. 

Answer  of 

general. 

Disbursements, 

Proof  of. 

•   •    • 

Deposit, 

Waiver  of, 

•   •    • 

•    «     •    • 


Discharge, 

Of  bail,  notice  of  render  in,  .  • .  • 

From  arrest,  notice  of  motion  for,  .... 
Under  insolvent  act,  answer  of,       .... 

Discovery, 

Affidavit  to  petition  of,     ....  ... 

Notice  of  motion  for,        ....  .... 

Order  for  jutlgment  debtor  to  make, 
Of  papers,  petition  to  compel,       .... 


313 

Page. 

8 

18 

109 

8 

106 
107 
107 

200 
201 
201 
201 
202 
202 

212 
214 

8 
256 

101 

109 
206 

14 
100 
127 
154 


314 


INDEX. 


Divorce, 

Judgment  on  default  of  defendant,. .  . . 

Judgment  after  trial  of  an  issue,     .... 

Judgment  for  a  limited,     ....  .... 

Complaint  for,  because  of  non  age,- . . . 
Complaint  for,  because  of  lunacy,..  .. 

Complaint  for,  physical  incapacity,. .  . . 

Complaint  for,  on  account  of  adultery. 
Complaint  to  obtain  a  limited,        .... 

Report  for,  in  adultery,     ....  .... 

DoG, 

Accustomed  to  bite  mankind,  complaint  on,.. 
Accustomed  to  bite  sheep,  complaint  on, 

Dower, 

Complaint  in,     ....  ....  .... 

Petition  for,        ....  ....  .... 

Proceedings  to  obtain,  ....  .... 

Duress, 

Jl  16a  ^^9  •«••  ••••  ••••  •• 

Ejectment, 

Complaint  in,      ....  ....  .... 

For  dower,  complaint  in,. .. .  .... 

Examination, 

Of  party  out  of  court,  notice  of,     .... 

Exceptions, 

On  the  part  of  the  defendant,  .... 

Notice  of  settlement  of,   ... .  .... 

Execution, 

Order  for  leave  to  issue,   ....  .... 

Undertaking  to  stay,         ....  .... 

Order  to  set  aside,  ....  . .  . , 

Undertaking  to  stay  sale  of  property  in, 
For  interlocutory  costs,    ....  .... 

Undertaking  to  stay,  in  foreclosure,. .  . . 


•  •   •  • 


PagA 

89 
90 
90 
190 
191 
192 
193 
195 
221 

174 
175 

199 

287 
286 

204 

199 
199 

102 

48 
100 


142 
253 
135 
255 
60 
255 


INDEX.  315 

Page. 

Execution, 

On  ju(lp;mcnl  for  money,   ....          ....  •••.  61 

On  judgment  for  money,  (another  form,)  ....  62 

Against  an  executor,         ....          ....  ....  63 

Against  the  person,            ....          ....  ....  63 

To  deliver  possession  of  property,  ....  64 

To  deliver  property  and  for  damages,  ....  64 

On  affirmance  of  judgment,              ....  ....  65 

On  reversal  of  judgment,. .. .          ....  ....  66 

Notice  to  return,. .. .          ....          ....  ••••  95 

Notice  of  motion  to  set  aside,         ....  ....  118 

Notice  of  motion  for  leave  to  issue,  ....  118 

Return  to,            ....          ....          ....  2o2 

Executor, 

Execution  against,            ....          • .  . .  ....  63 

Complaint  by,  on  life  insurance  policy,  ....  166 

EXONERETUR, 

Of  bail,  affidavit  for,         ....          ....  ....  31 

To  be  endorsed  on  bail  piece,         ....  ....  60 

Order  to  show  cause  why  should  not  enter,. .  . .  123 

Order  for,             ....          ....          ....  ....  123 

Order  for,  (another  form,). .. .          ....  ....  123 

False  Imprisonment, 

Complaint  for,    ....          ....          ....  ....  183 

Fieri  Facias.     (See  "execution.") 

Filing  of  Pleadings, 

Affidavit  for  order  for,      ....          ....  ....  8 

Foreclosure, 

Proof  of  filing  lis  pendens  in,         ....  ....  H 

Affidavit  to  obtain  a  reference,         ....  ....  12 

Affidavit  to  obtain  surplus,               ....  ....  12 

Judgment  of  sale  in,         ....          ....  ....  77 

Judgment  of  sale — part  not  due,     ....  ....  78 

Lis  pendens  in,  ....          ....         ....  ....  103 

Order  of  reference — all  due — no  infants,  ....  145 


316 


INDEX. 


Fore 


Page, 


CLOSURE, 


Order  of  reference — all  due — absent  defendants,  145 
Order  of  reference — all  due — infant  defendants,  146 


Order  of  reference — part  not  due,.. .. 

Complaint  for,     ....  ....  .... 

Report  of  amount  due — all  due,     .... 

Report  in — not  all  due — not  sold  in  parcels, 
Report  in — part  not  due — infant  defendants, 
Undertaking  to  stay  execution  in,  ... . 

By  advertisement,  ....  .... 

General  Denial, 

Answer  of,  ....         .... 

Answer  of  infant  in  foreclosure,     .... 

Goods  Sold, 

Complaint  for,    ....  ....  .... 

Complaint  for  non-delivery  of,        .... 
Complaint  against  carrier  for  loss  of, 
Complaint  for  not  taking  care  of,    .... 

Guardian, 

Bond  of  general,. .. .  ....  .... 

Ad  litem  in  partition,  bond  of,         .... 

On  sale  of  infants'  estate,  bond  of,. . . . 

Consent  of,  ....  ....  ... 

Order  appointing,  for  infant  plaintiff, 
Order  appointing,  for  infant  defendant, 
"  (another  form,)   .... 

Petition  to  appoint,  for  plaintiff,     .... 

•     Petition  to  appoint,  lor  defendant,  .... 

On  sale  of  infants'  estate,  order  for. 
On  sale  of  infants'  estate,  bond  of,. .  . . 

On  sale  of  infants'  estate,  report  of. 
On  sale  of  infants'  estate,  deed  by, 
On  sale  of  infants'  estate,  final  report. 
In  dower,  petition  for,       ....  .... 

Order  appointing,  in  dower,  .... 


147 
197 
217 
219 
221 
255 
282 

214 
213 


162 
168 
168 
171 


44 

45 
46 
56 
121 
121 
122 
153 
154 
275 
276 
277 
279 
281 
286 
287 


•   •    •   • 


INDEX. 

Habeas  Corpus, 

For  witness,  affidavit  for,. .  . . 

Ad  testificandum,  .... 

Return  to,  ....  ....  ....  .... 

For  detention,  writ  of,      ....  ....  «... 

Infancy  ok  Plaintiff, 

Answer  of,  ....  ....  ....  .... 

Infant 

Plaintiff,  petition  to  appoint  guardian  for,     ..  .. 

Defendant,  petition  to  appoint  guardian  for,. .  . . 

General  answer  of,  in  foreclosure,  ....  .... 

Estate,  petition  for  partition  of,     ....  .... 

Consent  of  next  friend  in  partition  of,  .... 

Estate,  order  appointing  next  friend  in  partition. 
Estate,  bond  of  next  friend  in  partition,        .... 

Complaint  in  partition  of  estate  of,. . . .  .... 

Petition  to  sell  real  estate  of,  ....  ...... 

Affidavit  of  third  person  as  to  value  of  estate  of, 
Order  appointing  guardian  to  sell  estate  of,..  .. 

Bond  of  guardian  on  sale  of  estate  of,  .... 

Report  of  guardian  of  agreement  to  sell  estate  of. 
Order  confirming  sale  of  estate  of, ... .  .... 

Deed  by  special  guardian  of  estate  of,  . . . , 

Final  report  of  investment  of  proceeds  of  estate 

0I«        •  •  •  •  •  •'•  •  ••••  ••••  •••• 

Injunction, 

Affidavit  to  obtain,  .... 

Bond  on  allowing,  .... 

Preliminary,        ....  .... 

Preliminary,  (another  form,) 
Perpetual,  ....  .... 

Notice  of  motion  to  dissolve. 
Notice  of  motion  for,  .... 

On  complaint  of  interpleader,  order  fo 
Undertaking,  complaint  on. 
Undertaking  on,. .. .  .... 


317 

Page. 
31 

67 
236 

259 

204 

153 

154 

213 

265 

268 

268 

269 

270 

273 

275 

275 

276 

277. 

278 

279 

281 

35 

47 

68 

68 

69 

118 

120 

148 

185 

248 


318 


INDEX. 


Inn  Keeper, 

Complaint  against,  for  loss  of  trunk, 

Inquest, 

Judgment  on,      ....  ....  .... 

Decision  of  court  on,         ....  .... 

Notice  of  motion  to  set  aside  irregular, 
Notice  of  motion  to  set  aside  a  regular. 
Affidavit  to  set  aside,        ....  .... 

Insurance 

Policy  for  life,  complaint  by  executor  on, 
For  goods,  complaint  on,. ...  . . .  c 

Answer  of  non-compliance,  .... 

Interpleader, 

Order  for  an  injunction  in,  .... 

Interrogatories, 

To  examine  a  witness,     ....  .... 

Notice  of  settling,  . . .  r  .... 

Irregularity, 

Affidavit  for  a  new  trial  for,  .... 

Affidavit  to  set  aside  for,  ....  .... 

Notice  of  motion  to  set  aside  proceedings 

Issue, 

Note  of,  for  circuit,            ....  .... 

Note  of,  for  general  term,. ...  .... 

Feigned,  order  for  a  trial  of,  .... 

Judgment, 

As  in  case  of  non-suit,  affidavit  for, 
"         "     non-pros,  affidavit  for, 
Debtor,  affidavit  to  examine,  .... 

"  "  "  creditors, 

On  default  of  all  defendants,  .... 

On  default,  part  defendants  served,. .... . 

On  application  to  the  cour  .... 

For  plaintiff,  on  issue  of  fact. 


for, 


•  •  •  • 


Page. 

174 

74 

89 

116 

116 

19 

166 
166 
209 

148 

70 
99 

23 

25 

117 

94 

94 

138 

5 
6 
29 
30 
71 
71 
72 
72 


4 


INDEX  319 

Pege. 

Judgment, 

For  defendant,    ....          ....          •  •  •  -  •  •  •  •  "73 

On  report  of  referees,        ....          ••••  ••••  "73 

After  non-suit,    ....          ....          ..••  ••••  73 

On  dismissal  of  complaint,                ....  ....  74 

On  inquest,         ....          ....          ....  ....  74 

Of  affirmance  on  appeal,   ....          ....  ••.• 

Of  reversal  on  appeal,       ....          ...  ••••  7o 

Interlocutory  for  an  account,           ....  ....  7t) 

For  specific  performance,. .. .          ....  ••••  76 

Of  sale  in  foreclosure,       ....          ....  •  •/•  •  77 

In  foreclosure,  part  not  due,  sold  in  parcels, ....  78 

Of  sale  in  partition,            ....          ....  .•«•  81 

For  actual  partition,          ....          ....  •  •  •  •  8^ 

For  actual  partition,  (another  form,)  ....  87 

Of  divorce,  on  default  of  defendant,. .. .  ....  89 

On  inquest,  decision  of  court,         ....  ....  89 

Of  divorce,  on  trial  of  an  issue,       ....  ....  90 

For  a  limited  divorce,       ....          ....  ....  90 

On  confession,    ....          ....          ....  ....  91 

On  default,  notice  to  set  aside  as  irregular,  ....  109 

Notice  of  motion  for,  on  frivolous  pleading,. ...  112 

Notice  of  motion  for,  as  in  case  of  non-suit,. ...  115 

Notice  of  motion  to  set  aside,         ....  ....  118 

Notice  of  motion  in  arrest  of,          ....  ....  117 

Debtor,  order  to  make  discovery,   ....  ....  127 

Debtor's,  creditor's  order  to  examine,  ....  128 

Debtors'  property,  order  for  receiver  of,  ....  128 

Order  that  debtor's  property  be  applied,  ....  129 

On  frivolous  pleading,  order  for,     ....  ....  149 

Recovered,  answer  of,       ....          ....  ....  209 

Debtor,  warrant  to  arrest,. .. .          ....  ....  257 

Satisfaction  of,   ... .          ....          ....  ....  238 

Debtor's  creditor,  sheriffs  receipt  to,  ....  239 

Affidavit  to  bring  in,  joint  debtors  in,  ...  247 

Affidavit  to  bring  in  heirs,  &c.,  in,. ...  ....  246 

To  determine  claims  to  real  property,  ....  293 

On  plea  of  disclaimer  to  real  property,  ....  294 


320  INDEX. 

Jury, 

Affidavit  for  a  special, 
Notice  of  motion  for  a  special. 
Notice  of  motion  for  a  foreign. 
Order  for  a  special  or  struck. 
Order  for  a  foreign,  .... 

Justification  of  Sureties, 

In  an  undertaking,  .... 

Notice  of,  ....  .... 

And  adding  notice  of,  .... 

Justices'  Court, 

Undertaking  on  plea  of  title. 
Undertaking  on  arrest,  plea  of  title. 

Libel, 

Complaint  for,. .. .  ..:. . 

Answer,  justifying,  .... 

Lis  Pendens, 

Proof  of  filing  in  foreclosure. 
Clerk's  certificate  of  filing, 
In  foreclosure,    .... 
In  partition,        ....  ... 

Lunacy, 

Complaint  for  divorce  for, 

Mandamus, 

Alternative,         .... 
Peremptory,         .... 
Notice  of  motion  for. 
Order  for,  .... 


•  •    •  • 


Paga 

.  22 

.  113 

.  113 

.  133 

.  133 


•  •  •  •  X 

96 

96 

•  «  •  •  /w04 


176 

211 


II 
52 

103 

103 


•  •    •  • 


«  •   •  • 


191 

•  •   •  •  %J  Af 

•  •    •  •  %J%J 

119 

141 


Marriage, 

Complaint  to  dissolve  for  non-age,. .. .  ....  190 

Complaint  to  dissolve  for  lunacy,   ....  ....  191 

Complaint  to  dissolve  for  physical  incapacity,  192 

Complaint  to  dissolve  for  adultery,. . ..         ....  193 


INDEX. 

Merits, 

Affidavit  of,  ....  ....  .... 

Misjoinder  of  Cause  of  Action, 

Demurrer  for,     ....  ....  .... 

Mitigation  of  Bail, 

Order  for,  ....  ....  .... 

Molliter  Manus  Imposuit, 

Answer  of,  ....  ....  .... 

Money, 

Notice  of  claim  to  surplus,  .... 

Notice  of  motion  to  restore  levied,. . . . 
Notice  of  motion  to  obtain  surplus,. .  . . 
Levied,  order  to  restore,  . . , .  .... 

Order  for  reference  on  claim  to  surplus. 
Order  to  pay  surplus,        ....  .... 

Mortgage, 

Sheriff's  deed  on  sale  under,  .... 

Judtrment  for  foreclosure  of,  .... 

Judgment — part  not  due — sold  in  parcels, 
Complaint  to  foreclose,     ....  .... 

Foreclosure  of,  by  advertisement,  .... 

(See  "  foreclosure.") 

Motion, 

Proof  of  service  of  notice  of,  .... 

Execution  for  costs  of,      ....  .... 

Notice  of,  (see  "notice.") 

New  Trial, 

Order  for,  ....  ....  .... 

Order  denying,   ....  ....  .... 

Ne  Exeat, 

Affidavit  for,        ....  ....  .... 

Affidavit  to  discharge,  as  of  non  pros, 
Bond  to  sheriff  on,  ....  .... 

21 


•  •   •  • 


321 

Page. 
5 

•201 

122 

210 

105 
8 
119 
13.5 
142 
143 


59 

77 

78 

197 

282 


3 

60 


136 

137 

....  ^o 

•    •    •    «  ■^\J 

41 


099  INDEX. 


Page. 


Ne  Exeat, 

Bond  lo  discharge,  ••••  ^2 

Writ  of,  •  •  •  •  •  •  • '  •  •  •  •  ....     93 


Next  Friend, 

Consent  of, 


56 


Bond  of,  in  partition,         ....          •  •  •  •  •  •  •  •  269 

NoN  Joinder  of  Parties, 

Demurrer  for,      ....          ....          ....  ...»   -^^1 

NoN  Suit, 

Affidavit  for  judgment,  as  in  case  of,  ....       5 

Judgment  after,  ....          ....          •  •  •  •  •  •  •  •      ' '^ 

Notice  of  motion  for  judgment  as  in  case  of,. . . .   115 

Notice  of  motion  to  set  aside,         ....  116 

Order,  setting  aside,          ....          ....  •«.•   136 

NoN  Pros, 

Affidavit  for  judgment,  as  in  case  of,  ....       6 

Note  of  Issue, 

For  circuit,         ....          ....          ....  ....     94 

For  general  term,               ....          ....  ....     94 

Notice, 

Proof  of  publication  of,      ....          ....  ....     32 

To  sheriff  to  return  execution,         ....  ....     95 

Of  retainer,         ....          ....          ....  ....     95 

Of  retainer  and  demand  of  complaint,  ....     95 

Of  justification  of  sureties,  -     96 

Of  adding  and  justifying  other  sureties,  ....     96 

Of  undertaking  and  the  sureties,     96 

Of  exception  to  bail  or  undertaking,  ....      97 

Of  amended  pleading,         ....          ••••  ••••     97 

Of  assessment  of  damages,  and  taxing  costs,. ...     97 

Of  filing  security  for  costs,               ....  ....     98 

Of  trial  at  circuit,                ....          ....  ••• 

Of  trial  before  referees,     ....          ....  ••• 

Of  argument,       ....          ....          ....  ••••     99 


98 
98 


Of  application  for  a  commission. 


99 


INDEX 

Notice, 

Of  settling  interrogatories, 
Of  motion  for  discovery,   .... 

Of  settlement  of  exceptions, 

Oi  decision  of  justice  or  referee, 

Of  taxation  of  costs,  .... 

Of  render  in  discharge  of  bail. 
Of  countermand,. .. .  .... 

Of  appeal  to  the  general  term. 

Of  examination  of  a  party  out  of  court 

Of  no  personal  claim  in  foreclosure, 

Of  lis  pendens  in  foreclosure, 

Of  lis  pendens  in  partition. 

Of  no  personal  claim  in  partition. 

Of  substitution  oi  attorney. 

Of  claim  to  surplus  moneys, 

Of  a  judge's  order,  .... 

To  have  trial  in  proper  county, 
Of  offer  to  compromise,    .... 

Of  acceptance  of  offer,     .... 

Of  demand  of  copy  account, 

To  sheriff,  to  deliver  personal  property, 

Of  claim  to  property  by  third  person, 

By  sheriff,  that  third  persons  claim  property 

To  sheriff,  to  re-deliver  property,  ..^ 

Of  filing  remittitur,  ....  '•• 

Of  motion  to  discharge  from  arrest,. .  . 

To  set  aside  judgment,  as  irregular, 

Of  motion  to  strike  out  counts. 

Of  motion  for  amendment. 

Of  motion  for  supplementary  pleading 

Of  motion  to  consolidate  actions,    . .  . 

Of  motion  to  change  place  of  trial,. .  . 

Of  motion  for  judgment  on  frivolous  pleading 

Of  motion  for  reference,    .... 

Of  motion  for  special  jury. 
Of  motion  for  a  foreign  jury, 


323 

Page. 
99 

100 
100 
100 
101 
101 
101 
102 
102 
102 
103 
103 
104 
105 
105 
lOG 
lOb 
106 
107 
107 
107 
108 
108 
108 
109 
109 
109 
110 
110 
111 
111 
112 
112 
112 
113 
113 


324 


INDEX. 


•    •     •    « 


U 


Notice, 

Of  motion  to  set  aside  report  of  referees, 

Of  motion  for  costs  of  circuit,  ....  • .  . 

Of  motion  for  a  commission,  ....  ... 

Of  motion  for  judgment,  as  in  case  of  non-suit, 
Of  motion  to  set  aside  verdict  for  irregularity. 
Of  motion  to  set  aside  irregular  inquest. 
Of  motion  to  set  aside  regular  inquest. 
Of  motion  to  set  aside  non-suit,      .... 

Of  motion  to  obtain  security  for  costs. 

Of  motion  to  set  aside  all  proceedings  as  irreg 

lal  •        ••••  ••••  •«••  •••• 

Of  motion  in  arrest  of  judgment,     .... 

Of  motion  to  set  aside  judgment,  execution,  &c 
Of  motion  for  leave  to  issue  execution. 
Of  motion  to  dissolve  injunction,    .... 

Of  motion  for  reference  to  obtain  surplus  money 
Of  motion  to  strike  cause  from  calendar. 
Of  motion  for  mandamus,. ...  .... 

Of  motion  to  vacate  order  of  arrest, 
Of  motion  to  discharge  attachment,. . . . 

Of  motion  for  injunction  and  receiver, 
Of  sale  in  foreclosure  by  advertisement. 
To  heirs,  &c.,  in  dower,  ....  .... 

Of  appeal  from  surrogate,. .. .  .... 

To  determine  claims  to  real  property, 


Page. 

113 
114 
114 
115 
115 
116 
116 
116 
117 

117 
117 
118 
118 
118 
119 
119 
119 
120 
120 
120 
282 
288 
294 
291 


Nulla  Bona, 

Return  of. 


Oath, 


Of  commissioners,  ... 

Of  referees,         ....  . . , 

Of  commissioners  in  dower, 


Offer, 


To  compromise,  notice  of, 
Acceptance  of,  to  compromise. 


•  •  •  •  ,^o>^ 

152 

«...  1  uiy 

....  289 

•  ....  106 

....  107 


INDEX.  325 

Page. 

Order, 

Proof  of  service  of  a  judge's,         •  •  •  •  •  •  •  •      13 

Notice  of  a  judge's,  ....  .•••  ••••    l^^G 

Appointing  guardian  of  inf.mt  plaintill^         ....    1~1 

Appointing  guardian  of  infant  defendant,      ....    121 

Appointing  guardian  of  infant  defendant,  (another 
form,)  ....  . . .  •  ....  ....    122 

To  arrest  and  hold  to  bail,  ....  •  •  •  •    12'2 

For  mitigation  of  bail,      ....  ••.•  '•••    1~- 

For  committur  on  surrender  of  bail,  ....    123 

To  show   cause   why  an  exoneretur   should  not 
be  entered,      ....  ....  ••••  ••••   123 

For  exoneretur,  ... .  ....  ....  ••••    123 

For  exoneretur,  (another  form,)       ....  ....    123 

To  furnish  copy  contract,. .. .  ....  •«.•    124 

To  file  security  for  costs,  alternative,  ....    124 

To  file  security  for  costs,  peremptory,  ....    124 

For  further  time  to  plead,. .. .  ....  «...    12o 

For  plaintiff's  particulars,  alternative,  ....    125 

For  plaintiff's  particulars,  peremptory,         ....    125 

For  defendant's  particulars,  alternative,        ....    126 

For  defendant's  particulars,  peremptory,      ....    126 

To  furnish  more  particular  bill,       ....  ....    126 

For  commission,. .  .  ....  ....  ....    12/ 

To  stay  proceedings,         ....  ....  ....    127 

Of  discovery  in  supplementary  proceedings,         127 
To  examine  third  person  in  supplementary  pro- 
ceedings, ....  ....  ....  ...      128 

For  a  receiver  in  supplementary  proceedings,       128 
To  apply  property  in  supplementary  proceedings,  129 
To  show  cause  why  attachment  should  not  issue,  130 
To  vacate  order  without  notice,     ....  ....    130 

To  vacate  order  with  notice,  ....  ....    130 

To  perpetuate  testimony,. .. .  •-..  ••.•    131 

To  examine  witness  de  bene  esse,....  ....    131 

To  publish  summons,        ....  ....  ....    131 

To  change  place  of  trial,. .. .         ....  ....   132 


326 


INDEX. 


Order, 


Refusing  to  change  place  of  trial,  .... 

For  special  or  struck  jury,  .... 

For  a  foreign  jury,  ..-•  .... 

For  a  reference,. .. .  ....  •••• 

To  file  security  for  costs,  peremptory. 
For  extra  allowance  of  costs,  .... 

To  continue  action  against  representatives,  . 

To  put  off  trial  at  the  circuit,         

To  set  aside  execution  and  restore  money,  . 
To  consolidate  actions,     ....  .... 

On  motion  for  a  new  trial,  .... 

Setting  aside  non  suit,         ...  . .-. . 

Denying  a  new  trial,         ....  .... 

For  costs  of  circuit,  ....  .... 

To  strike  out  count,  ....  .... 

To  set  aside  referee's  report,  .... 

To  confirm  referee's  report,  .... 

For  a  trial  of  a  feigned  issue,         .... 

To  continue  action  by  representatives. 
Allowing  supplemental  pleading,  .... 

Allowing  amended  pleading,  .... 

To  attach  sheriff,  ....  .... 

To  attach  w^itness,  ....  .... 

For  a  mandamus,  ....  .... 

For  assessment  of  damages,  .... 

For  leave  to  issue  execution,  .... 

Of  reference  for  surplus  money,      .... 

To  pay  surplus  money,     ....  .... 

To  confirm  referee's  report  of  sale,. ... 

Of  reference  in  partition  for  proof  of  title,     . 

Of  reference  in  foreclosure — all  due. 

Of  reference  in  foreclosure,  absent  defendants 

Of  reference  in  foreclosure,  infant  defendants 

Of  reference  in  foreclosure — part  not  due, 


Page. 

.  133 

.  133 

.  133 

.  133 

.  134 

.  134 

.  134 

.  135 

.  135 

.  136 

.  136 

.  136 

.  137 

.  137 

.  137 

.  138 

.  138 

.  138 

.  139 

.  139 

.  139 

.  139 

.  140 

.  141 

.  141  • 

.  142 

.  142 

.  143 

.  143 

.  143 

.  145 

.  145 

.  146 

.  147 


INDEX.  327 

Page. 

Order, 

To  show  cause  why  attachment  should  not  issue,  147 
For  attachment  for  contempt,  ....  ••••    148 

For  injunction  in  action  of  interpleader,        ....    148 

To  compel  report  of  referees,  ....  ....    149 

To  strike  action  from  the  calendar,  ....    149 

For  judgment  on  frivolous  pleading,  ....    149 

Appointing  commissioners  and  for  partition,. .  . .    150 

For  publication  against  ships  and  vessels,    ....    262 

Discharging  warrant  against  ships  and  vessels,  263 
To  sell  vessel  under  a  warrant,       ....  ....   263 

To  give  notice  to  creditors  of  ships  and  vessels,  264 
To  refer  a  claim  against  ships  and  vessels,  ....   264 

Appointing  next  friend,  and  for  partition,     268 

For  guardian,  and  to  sell  infant's  estate,       ....   275 

Confirming  sale  of  infant's  estate,  .. ..  ....   278 

Appointing  guardian  in  dower,        ....  ....   287 

To  answer  appeal  from  surrogate,  ....  ....   297 

To  determine  claims  to  real  property,  292 

Confirming  report  in  dower,  ....  ....   290 

Papers, 

Affidavit  to  obtain  copy  of,              ....  . .  •  4 

Affidavit  to  petition  for  discovery  of,  14 

Notice  of  motion  for  discovery  of,  ... .  ....  100 

Order  to  furnish  copy,       ....          ••.•  ....  124 

Petition  to  compel  discovery  of,     ....  •  •  .  •  154 

Particulars, 

Affidavit  to  obtain  further,                ••••  15 

Bill  of  plaintiff 's,               ....          «..•  ••••  3J 

Bill  of  defendant's,             ....          •  •  •  •  •  •  •  •  40 

Alternative  order  for  plaintiff's,     ....  ....  125 

Peremptory  order  for  plaintiff's,     ....  •.••  125 

Alternative  order  for  defendant's,  ....  ....  126 

Peremptory  order  for  defendant's,  ....  • .  >  •  126 

Order  for  further  bill  of,   ....          ....  ••••  1-" 


328  INDEX. 

Page. 

Partition, 

Sheriff 's  deed  on  sale  in,....          ..••  ....     59 

Can  be  made,  report  in,    ....         ....  •  •  . .   223 

Report  of,  sale  necessary,                ....  ....   225 

Report  of  commissioners  in,             ....  ....   228 

Report  of  sale  in,               ....          ..••  •••*   229 

Final  report  after  sale,      ....          ....  ....   230 

Of  infants' estate,  petition  for,          ....  ....   265 

Consent  of  next  friend  in,                 ....  ....   268 

Order  appointing  next  friend  in,     ....  ....   268 

Bond  of  next  friend  in,     ....          ....  ....   269 

Complaint  of  infants  in,  ....          ....  •  •  •  •   270 

Judgment  of  sale  in,          ....          . .  •  •  ....     81 

Judgment  for  actual,          ....          ....  «...     86 

Judgment  for  actual,  (another  form,)  ....     87 

Lis  pendens  in,  ... .          . .  ■• .          ....  ....   103 

Notice  of  no  personal  claim  in,       ....  ....    104 

Order  of  reference  in,  to  take  proof  of  title,  &c.,  143 

Order  appointing  commissioners,  and  for,  ....    150 


Payment 


Answer  of,           ..i. .          ....  ....  ....   205 

Pendency  of  Action, 

Proof  of  filing  notice  of,    ....  ....  ....      H 

Answer  of,          ....          ....  ....  ....   213 

Proof  of  filing  notice  of,    ... .  ....  ....      52 

Notice  of,  in  foreclosure,  ....  ....  •  •  •  •    103 

Notice  of,  in  partition,      ....  ....  ....    103 

Perjury, 

Answer,  justifying  charge  of,  ....  ....   211 

Perpetuate  Testimony, 

Affidavit  to,         ....          ....  ....  ....     33 

Personal  Property, 

Affidavit  on  claim  of,         ....  ....  ••••      10 

Notice  to  sheriff,  requiring  delivery,  ....    107 

Notice  to  sheriff  of  claim,  by  third  party  to, ... .    108 


LNDEX. 

Personal  Property, 

Notice  by  sheriff  of  claim  by  third  party  to, 
Notice  to  sheriff  to  return  to  defendant, 
Complaint  for  delivery  of,. . . .  .... 

Plaintiff's  undertaking  in  claim  of, . . . . 

Defendant's  undertaking  in  claim  of. 
Undertaking  against  claim  of  third  party. 

Petition, 

Affidavit  to,         ....  ••••  •••• 

For  discovery  of  books  and  papers,  affidavit 
For  appointing  guardian  of  plaintiff. 
For  appointing  guardian  of  defendant, 

To  compel  discovery  of  papers^     

To  sue  in  forma  pauperis,  •  •  •  • 

For  partition  of  infants'  estate,        .... 

For  attachment  against  ship  and  vessels, 
To  sell  infants'  estate,       ....  •  •  •  • 

For  guardian  for  infant,  in  dower,  .... 

For  dower,         ....  ....  .... 

Of  appeal  from  surrogate's  court,    

Place  of  Trial, 

(See  "trial.") 

Pleadings, 

Affidavit  for  order  to  file,....  .... 

Affidavit  to,         ....  ....  .... 

Certificate  of  not  filing,     ....  .... 

Notice  of  amended,  ....  .... 

Notice  of  motion  to  strike  out  counts  in. 
Notice  of  motion  for  leave  to  amend. 
Notice  of  motion  to  serve  supplementary, 
Order  to  strike  out  counts  in,  .... 

Order  allowing  supplemental,  .... 

Order  allowing  amended,. ...  .... 

Order  for  judgment  on  frivolous,     .... 

Of  disclaimer  to  title  to  real  property, 

Of  disclaimer,  judgment  on, 

(See  "  complaint  "  and  "  answer.") 


o. 


3:29 

Page. 

lOS 
108 
]S2 
251 
252 
252 

2 

14 

153 
154 
154 
155 
265 
261 
273 
286 
287 
296 


•  •  •  • 


•  •  • 

.   8 

2 

.  53 

.  97 

.  110 

.  110 

.  Ill 

.  137 

139 

139 

149 

293 

294 

330 


INDEX. 


Poor  Person, 

Petition  to  sue  as,  ....  .... 

Promissory  Note, 

Complaint  against  maker  of,  .... 

Complaint  against  maker  and  endorser. 

Proof, 

Of  service  of  summons  and  complaint. 

Of  service  of  notice  of  motion. 

Of  defendant's  default,     .... 

Of  disbursements,  .... 

Of  delivery  of  commission. 

Of  service  of  judge's  order, 

Of  service  of  subpoena,     .... 

Property, 

Affidavit  on  claim  of  personal,         .... 

Affidavit  to  hold  to  bail  for  injury  to. 
Affidavit  of  sale  of  real,  ....  .... 

Notice  to  sheriff  requiring  delivery, 
Notice  to  sheriff  of  claim  by  third  person, 
Notice  by  sheriff  of  claim  by  third  person, 
Notice  to  sheriff  to  return  to  defendant, 
Order  to  apply  judgment  debtor's,. .  . . 

Order  for  a  receiver  of  judgment  debtor. 
Complaint  for  delivery  of  personal, 

Publish, 

Summons,  affidavit  to,       ....  .... 

(another  form,) 


(( 


a 


•    •    •    • 


Publication, 

Of  summons,  proof  of,     ....  .... 

Of  summons,  order  for,     ....  .... 

Real  Property, 

Proof  of  sale  of,. .. .  ....  

Sheriff's  certificate  to  purchaser  of, 

Complaint  on  trespass  to,. .  . .  . .  . . 

To  compel  determination  of  claims  to, 


•  »    •  « 


Page. 

155 

156 

157 

2 
3 

8 

8 

7 

13 

30 

10 

27 
34 
107 
108 
108 
108 
129 
128 
182 

16 

17 

32 
131 

34 

55 

184 

291 


•    •     *    • 


INDEX. 

Receipt, 

Of  sheriff  for  execution,....  .... 

To  creditor  of  judgment  debtor,     .... 

Receiver, 

Bond  of,  ....  ....  .... 

Notice  of  motion  for,         ....  .... 

Referee, 

Notice  of  decision  of,       ....  .... 

Notice  of  motion  to  set  aside  report  of. 
Order  to  set  aside  report  of. 
Order  to  confirm  report  of. 
Report  of  sale,  order  to  confirm. 
Order  to  compel  report  of, 
Oath  of,  ....  .  •  • . 

Report  of,  for  plaintiff,     .... 

Report  of,  for  defendant,  .... 

Reference, 

Affidavit  for,  in  foreclosure. 
Affidavit  to  move  for,        .... 

Affidavit  to  oppose  motion  for, 
Notice  of  trial  at,  .... 

Notice  of  motion  for,         .... 

To  obtain  surplus  money,  notice  of  motion  for 
Order  for,  at  a  circuit,       ....  ... 

Order  for,  on  claim  to  surplus  money. 
Order  for,  in  partition,      ....  ... 

Order  for,  in  foreclosure — all  due — no  infants. 
Order   for,   in  foreclosure — all   due — absent  de- 
fendants, ....  ....  ....  .... 

Order  for,  in  foreclosure — all  due — infant  defend- 

cIX11l)«««*«       ••••       •■••       ■••• 

Order  for,  in  foreclosure — part  not  due, 
SiibpcEna  on,       ....  ....  .... 

Subpoena  ticket  on,  ....  .... 

Subpcpna  for,  party  for, ....  .... 

Stipulation  for,  ....  ....  .... 


•  •   •  • 


331 

I'age. 

239 
239 

43 

120 

100 
113 
138 
138 
143 
149 
153 
216 
217 

12 

20 

21 

98 

112 

119 

133 

142 

143 

145 

145 

146 
147 
242 
242 
243 
245 


332  i^^i^E^- 

Release, 

Answer  of,  ....  . . . . 

Remittitub, 

Notice  of  filing, ....  . . . . 

Rent, 

Complaint  against  lessee  for, 

Replevin, 


Page, 

205 
109 
167 


(See  "  personal  property.") 


Report, 


Of  clerk,  on  assessment  of  damages. 
Of  justice,  on  default  of  defendant,  at  circuit, 
Of  justice,  on  trial,  at  circuit,  (for  plaintiff,) 
Of  justice,  on  trial  of  circuit,  (for  defendant,) 
Of  referee,  in  favor  of  plaintiff,        .... 

Of  referee,  in  favor  of  defendant,    .... 

In  foreclosure — all  due,     ....  .... 

In  foreclosure — not  all  due — not  sold  in  parcels. 
In  foreclosure — part  not  due — infant  defendant. 
For  divorce  for  adultery, .... 

That  partition  can  be  made. 
In  partition,  sale  necessary, 
Of  commissioners  in  partition, 
Of  sale,  in  partition,  .... 

After  sale,  in  partition,     .... 

Of  referees,  on  claims  against  ships  and  vessels. 
Of  guardians,  of  agreement  to  sell  infants'  estate. 
Final,  on  sale  of  infants'  estate. 
Of  referees,  judgment  on, .... 

Of  referee,  order  to  set  aside. 
Of  referee,  order  to  confirm. 
Of  sale,  order  to  confirm,. .  • . 
Of  referees,  order  to  compel, 
Of  commissioners  in  dower. 
Order  confirming,  in  dower, 


215 
215 
216 
216 
216 
217 
217 
219 
221 
221 
223 
225 
228 
229 
230 
264 
277 
281 
73 
138 
138 
143 
149 
289 
290 


INDEX  • 

Representatives, 

Oilier  to  continue  action  in  name  of, 
Order  to  continue  action  against, 

Retainer, 

Notice  of,  ....  .... 

Return, 

To  process  of  not  found,  .... 

To  execution  against  person, 
To  execution,  of  no  property, 
To  execution,  when  collected. 
To  execution,  property  unsold, 
To  process,  of  cepi  corpus, 
Of  service  of  summons,    .... 

Of  arrest,  ....  .... 

Of  arrest  and  imprisonment, 
Of  arrest  and  rescue,         .... 

Of  no  goods  of  testator,    .... 

Of  goods  taken  or  replevied. 

Where  only  part  can  be  found, 

Where  no  goods  can  be  found. 

Where  defendant  gives  security. 

To  a  writ  of  habeas  corpus, 

To  a  writ  giving  possession, 

To  warrant  against  ships  und  vessels 

To  writs  of  ne  exeat, 

Of  service  of  subpoena. 

To  attachment,  .... 

Rule, 

(See  "  order.") 

Satisfaction, 

Plea  of,  .... 

Of  judgment,       .... 

Security, 

For  costs,  notice  of  motion  for,  .... 
For  costs,  alternative  order  for,  .... 
For  costs,  peremptory  order  for,  .... 
For  costs,  peremptory  order  for  by  court, 


•  •   •  • 


•   •   •  • 


333 

Page. 
139 

134 

95 

232 
232 
232 
232 
233 
233 
233 
234 
234 
234 
234 
235 
235 
235 
236 
236 
236 
237 
237 
238 
238 


205 
238 

117 
124 
124 
134 


334 


INDEX. 


Servant, 

Complaint  for  debauching, 

Service, 

Of  Summons,  proof  of,      .... 

Of  notice  of  motion,  . . .  •  •  •  •  • 

Of  summons,  sheriff's  return  of,      .... 


•   •    •   • 


Page. 

....   178 

•  ■   •  •  Af 

•  •  •  •  O 

•  •    •   •       At^O 


Sheriff, 

Affidavit  to  attach,  ....  •  •  •  • 

Assignment  of  bail  or  undertaking. 
Attachment  against,  ....  •  •  •  • 

Attachment  against,  (another  form,) 
Bond  to,  on  a  ne  exeat,     ....  •  •  •  • 

Certificate  that  defendant  is  committed, 
Deed  on  sale  by  execution,  . .  •  • 

Deed  on  partition,  ....  •  •  •  • 

Order  to  attach,  ....  ....  .... 

Complaint  against,  for  false  return,. . . . 

Complaint  against,  for  not  making  return, 
Complaint  against,  for  an  escape,    .... 

Receipt  on  receiving  execution,      .... 

Receipt     for    money    of    creditor    of    judgment 
debtor,  ....  ....  ....  .... 


Ships  and  Vessels, 

Order  to  sell  vessel  under  warrant,. . . . 

Order  for  notice  to  creditors  as  to  claims. 
Order  to  refer  a  claim  objected  to,. . . . 

Report  of  referees  on  referred  claim. 
Affidavit  for  warrant  for,  ....  .... 

Bond  on  discharge  of  attachment  against. 
Return  to  warrant  against,  .... 

Warrant  to  attach,  ....  .... 

Application  for  attachment  for,        .... 

Order  of  judge  for  publication  against. 
Application  to  discharge  warrant,  .... 

Judge's  order  discharging  warrant,. . . . 


3 

35 

35 

36 

41 

53 

57 

59 

139 

186 

187 

187 

239 

239 


....  263 

....  264 

264 

....  264 

. . . .  33 

....  41 

....  237 

....  260 

....  261 

....  262 

....  262 

....  263 

V 


INDEX. 

Slander, 

Complaint  for,     .... 
Affidavit  to  hold  to  bail  in, 

Special  Jury, 

Affidavit  to  move  for, 


•   •    •   • 


•   •    •    • 


Specific  Performance, 

Judgment  for,      .... 
Statute, 

Of  limitations,  plea  of, 
Of  frauds,  plea  of, 

Stay  of  Proceedings, 

Order  for,  .... 

Stipulation, 

To  put  over  the  circuit. 

To  refer  action,  ....  .... 

Subpcena, 

Proof  of  service  of,  .... 

Attachment  for  disobeying. 
Return  of  service  of,  .... 

For  the  circuit,  ....  .... 

Ticket  for  the  circuit,       .... 

For  party  for  the  circuit,  .... 

Ticket  for  party  for  the  circuit, 
On  reference,       ....  .... 

Ticket  for  reference,         .... 

For  party  for  reference,     .... 

Duces  tecum,      ....  .... 

Ticket,  duces  tecum,  .... 

Substitution, 

Of  attorney,  notice  of,       .... 
Of  attorney,  consent  for,  .... 

Summons, 

Proof  of  service,  by  affidavit, 
Affidavit  to  publish,  .... 


•   •    •    • 


•   •    «    • 


335 

Page. 
177 

27 

«  •   •  •  £t  £* 

....     76 

204 

207 

127 

•  •    •  •      ^^\J 

•  •      •     •  jit^^KJ 

30 
38 
238 
240 
240 
241 
241 
242 
242 
243 
243 
243 

...  105 
...  248 


. ..   IG 


336 


INDEX. 


Summons, 

Affidavit  to  publish,  (another  form,) 
Proof  of  publication,  .... 

Sheriif 's  certificate  of  service, 
Order  to  publish,  . .    ■ 

Return  of  service  of,  .... 

For  a  witness,  under  a  commission 
For  a  witness,  de  bene  esse, 
For  payment  of  money  only, 
In  actions  for  relief,  .... 

Against  heirs,  devisees,  &c., 
To  bring  in  joint  debtors. 

Supplementary  Proceedings, 

Affidavit  for,        ....  ....  ... 

Affidavit  to  examine  debtor's  creditor. 

Sureties, 

In  an  undertaking,  acknowledgment  of 
In  an  undertaking,  justification  of, 
Notice  of  justification  of,  .... 
Notice  of  adding  and  justifying. 
Notice  of  exception  to,     .... 

Surplus  money. 

Affidavit  to  obtain,  in  foreclosure. 
Notice  of  claim  to,  .... 

Order  of  reference  on  claim  to, 
Order  to  pay,      ....  .... 

Surrogate, 

Notice  of  appeal  from,  .... 
Bond  on  appeal  from,  .... 
Petition  of  appeal  from,  .... 
Answer  to  petition  of  appeal, 
Order  to  answer  appeahfrom. 
Transcript  of  proceedings  before, 

Taxing  Costs, 

Affidavit  on,        ....  .... 

Notice  of,  ....  .... 


Page. 

17 
.  32 
.  54 
.  131 
.  233 
.  244 
.  244 
.  245 
.  246 
.  246 
.  247 

29 

30 

1 

1 
96 
96 

'97 

12 

105 
142 
143 

294 
295. 
296 
297 

297 
298 

19 
101 


INDEX. 

Testimony, 

Afruhivil  to  perpetuate,      .... 
Order  for  exarninalion  to  perpetuate, 
Order  to  take  de  bene  esse,..  ... 

Time, 

Aflldavit  to  extend,  ....  . .  . 

Order  for  further  lime  to  plead, 

Trade  Mark, 

Conij)laint  for  infringing,  .... 

Transcript, 

Of  surrogate's  proceedings. 

Trespass, 

To  real  property,  complaint  for. 
In  taking  goods,  complaint  for. 


Trial, 


Affidavit  to  put  olFon  account  of  plaintilf's  act. 
Affidavit  to  put  off  on  account  of  witness, 
Affidavit  to  change  place  of,  .... 

Affidavit  to  stay  proceedings  on  motion  for  new 
Affidavit  on  account  of  irregularity,  for  new. 
Affidavit  on   account   of  newly  discovered   ev 

dence,  for  new^,  ....  •  •  •  • 

Memorandum  of  case  made  at,        .... 

Case  to  move  for  a  new,    ....  .... 

Note  of  issue  for  circuit,  ....  .... 

Note  of  issue  for  general  term,        .... 

Notice  of,  at  circuit,  ....  .... 

Notice  of,  before  referees,. . .  .... 

Demand  to  have  in  proper  county,. .  . . 

Notice  of  motion  to  change,  .... 

Notice  of  motion  for  new,  for  irregularity. 
Notice  of  motion  to  set   aside   nonsuit,   and  fo 

new  trial,         ....  ....  .... 

Order  changing  place  oi,  ....  .... 

Order  ilenying  to  change  place  of,.... 

22 


337 

Page 

33 
131 
131 


:)-2 


1-25 

179 

298 

184 
185 

9 

9 

13 

20 

23 

24 

50 

51 

94 

94 

98 

98 

106 

112 

115 

116 
132 
132 


338 


INDEX. 


Trial, 

Order  for  reference  at  the  circuit,    .... 

Order  to  put  off,  at  the  circuit,        .... 

Order  on  motion  for  a  new,  .... 

Order  denying  a  new,        ....  .... 

Of  a  feigned  issue,  order  for  a  trial  of, 

Undertaking, 

For  costs  on  appeal,         ....  .... 

To  stay  execution  on  appeal,  .... 

Of  plaintiff  on  arrest  of  defendant,. ... 

Of  defendant  ondiseiiarge  from  arrest, 
•    'Of  plaintiff  on  claim  of  property,     .... 

Of  defendant  on  claim  of  property, .... 

Of  plaintiff  on  obtaining  injunction, 
On  obtaining  attachment,. .. .  .... 

On  discharging  attachment,  .... 

To  stay  ex^ution  on  judgment,  directing  sale 

delivery  of  property,      ....  .... 

To  stay  execution  in  foreclosure,    .... 

On  answer  of  title  in  justice's  court. 

On  answer  of  title  in  justice's  court — defenda 

(irrcsiGQ^  ••••  ••••  •  •  < 

Acknowledgment  of,  .... 

Justification  of  sureties  in. 
Assignment  of,  by  she'riff, .... 

Notice  of,  ....  .... 

Notice  of  exception  to,     .... 

On  appeal,  complaint  on,. .. . 

On  injunction,  complaint  on. 
Approval  of  sheriff  on,      .... 

To  sheriff,  on  claim  of  third  persons, 
Waiver  of, .... 

Use  and  Occupation, 

Complaint  for,    ....  .... 

Usury, 


or 


nt 


•  •  •  • 


Answer  of. 


Page. 

133 
135 
136 
137 
138 

253 
253 
250 
250 
251 
252 
248 
249 
249 

255 
255 

254 

254 

I 

1 

35 

96 

97 

163 

185 

251 

252 

256 

162 

207 


^ 


INDEX. 

Venditioni  Exponas, 

VVritoij  ••«•  ••••  »•«»  •< 

Venue, 

(See  "trial.") 

Verdict, 

Notice  of  motion  to  set  aside  for  irregularity, 
(See  "judgment."') 

Waiver, 

Of  undertaking  or  deposit,  .... 

Warrant, 

To  attach  ships  and  vessels. 

For  ships  and  vessels,  atFidavit  for,. . 

For  ships,  &c.,  return  to,. . . . 

To  arrest  judgment  debtor, 

Of  commitment  for  contempt. 

To  apprehend  witness,  de  bene  esse. 

Of  attachment,    ....  .... 

Of  attorney,  (see  "  confession  of  judgment.") 

Warranty  of  a  Horse, 

Complaint  for  breach  of,  ... .  ....  . . . . 

Witness, 

Affidavit  to  examine  de  bene  esse,  by  plaintiff, 


339 

Pb(iC. 

259 


115 


256 


....  260 

....  ?,:\ 

....  237 

257 

....  25S 

....  258 

•  • 

....  256 

Affidavit  to  examine  de  bene  esse,  by 
Affidavit  to  procure  habeas  corpus  fo 
Attachment  against,  .... 

Commission  to  examine,  .... 

Habeas  corpus  for,  .... 

Interrogatories  to  examine  a, 
Notice  of  party  examined  as, 
Order  to  perpetuate  testimony  of,  . . 
Order  to  examine  de  bene  esse. 
Order  to  attach,....  .... 

De  bene  esse,  warrant  to  apprehend, 
Under  a  commission,  summons  for,. 
De  bene  esse,  summons  for. 


18S 


25 


defendant,     26 

•  •    •    •    •  ^  L 

•  •    •    •    •  *JKJ 

m  •    •    •    •  kJxJ 

....     67 
.  ....      / 0 

102 

131 

131 

140 

•  •  •  •     A-  Oo 

244 

•^44 


340 


INDEX. 


Work, 


Labor  and  services,  complaint  tor,.. . 

Complaint  for  doing  badly, 

Labor  and  materials,  complaint  for. 


Writ, 


Of  ne  exeat,        .... 

Giving  possession, 

Of  ne  exeat,  return  to, 

Of  veditioni  exponas, 

Of  habeas  corpus  for  detention, 


Page. 

161 
173 
189 

93 
236 
237 
259 
259 


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